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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2726
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have just received my Decree Absolute sent to me by my

Resolved Question:

Hi
I have just received my Decree Absolute sent to me by my solicitor. It includes 2 Notes. Note1 is about Divorce affecting inheritance under a will.
Note 2 is as below and it is urgent that I understand this:
2. Divorce affects the appointment of a guardian.
"unless a contrary intention is shown in the instrument of appointment, any appointment under section 5(3) or section 5(4)of Children Act 1989 by one spouse of his or her former spouse as guardian, by virtue of section 6 of that Act, deemed to have been revoked at the date of the dissolution of the marriage."
please what does this mean? I have no idea of what the sections in children Act or their implications or what I must do now.
My son lives with me. He is 16 years of age and in full time education which will continue into further education.
1) Please break this down for me and advise.
2) Also should my solicitor have included a note of explanation for me on the 2 notes in the Decree?
His cover letter just confirmed the attachment of the Decree and that it was in my favour by cross-petition presented by me.
I'd eagerly await your reply.
Regards
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Thanks for your further question. Your solicitor should have explained these to you, but I will clarify :

1. If either you or your husband have a will in place, any provision contained in a will which benefit the ex-spouse are automatically revoked. You should therefore consider updating your will.

2. If your ex-husband is the father of your son, point 2 does not relate to you as this is only if either of you were appointed guardians in a court order.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

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