LPA When Getting Divorced: What You Need to Know

LPA and Divorce: Protecting Yourself During Separation

Divorce is a difficult time, and legal matters often get overlooked. But if you have an existing LPA naming your spouse, or you're going through divorce without LPAs in place, there are important steps you need to take.

What Happens to Your LPA When You Divorce?

If Your Spouse is Your Only Attorney

Your LPA becomes invalid when:

The divorce is finalised (decree absolute granted)
Your spouse is named as sole attorney

This happens automatically. You don't need to do anything for it to become invalid—but that's the problem. Without an attorney, you have no LPA protection.

If You Have Multiple Attorneys

Depends on how they were appointed:

Jointly: If one attorney is removed, the whole LPA fails
Jointly and severally: Remaining attorneys can still act
Jointly for some decisions: Complex situation—get advice

If Your Spouse is a Replacement Attorney

Your primary attorneys can still act, but your replacement attorney is removed when divorce is finalised.

Important: The Decree Absolute Date

The legal changes happen when the divorce is finalised (decree absolute), not when you separate or start proceedings. Until then:

Your spouse remains your attorney
They can still act on your behalf
Your LPA is valid

This can be problematic if you're separated but not yet divorced.

Steps to Take During Divorce

Step 1: Review Your Current LPAs

Check:

Who are your attorneys?
Are they appointed jointly or jointly and severally?
Who are your replacement attorneys?

Step 2: Create New LPAs Immediately

Don't wait for the divorce to complete. Create new LPAs now with:

Different attorneys (trusted family or friends)
No connection to your ex-spouse
Replacement attorneys in place

Step 3: Consider Revoking Old LPAs

You can revoke existing LPAs at any time while you have capacity:

Complete a deed of revocation
Notify your attorneys
Notify the OPG if LPAs were registered
Destroy original documents

Step 4: Inform Relevant Parties

Let these know about your new arrangements:

Banks and financial institutions
GP and healthcare providers
Anyone holding copies of old LPAs

Creating New LPAs During Divorce

Choosing New Attorneys

Consider:

Adult children (if old enough and appropriate)
Parents or siblings
Trusted friends
Professional attorney (solicitor, accountant)

Be Careful About:

Mutual friends who may take sides
Anyone too close to your ex-spouse
People who might share information

Including Preferences

During divorce, consider including:

Clear separation of what was joint property
Instructions about care of children
Your wishes if there's disagreement

What If You Lose Capacity During Divorce?

If you haven't created new LPAs and lose capacity:

Your ex-spouse may still be your attorney (until divorce finalised)
After divorce, you'll have no attorney
Family would need Court of Protection (6-12 months, £2,000+)
The court decides who manages your affairs

This is exactly why acting early is essential.

Special Situations

If Your Ex is Controlling/Abusive

Take extra care:

Get legal advice before revoking
Consider safety implications
Choose attorneys who will protect you
Don't share new LPA details with ex-spouse

If Children Are Involved

For Property & Financial LPA:

Consider children's financial security
Include preferences about family home
Think about school fees, university costs

For Health & Welfare LPA:

Children need to know care arrangements
Consider who makes decisions about visiting
Include preferences about keeping family together

If You're the Wealthier Spouse

Protect yourself:

New attorneys who understand your finances
Consider professional oversight
Clear instructions about financial management

After Divorce is Final

Within 30 Days

The OPG should be notified of the divorce. The registration of any LPA with your ex-spouse as sole attorney will be cancelled.

Update Your Planning

Confirm new LPAs are registered
Update Will if needed
Review pension beneficiaries
Check all financial accounts

Costs

Item	Cost

Revoking existing LPA	Free (you can do this yourself)
New LPA (myLPA)	£74-140
OPG registration (each)	£82
Solicitor (if needed)	£300-600+

Don't let cost stop you—going to Court of Protection later costs thousands.

Key Takeaways

Don't wait for divorce to complete—act now

Create new LPAs with trusted attorneys

Revoke old LPAs where your spouse is involved

Inform everyone about new arrangements

Keep ex-spouse out of your future planning

Create Your New LPAs →