Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Divorce definition

What does Divorce mean? Divorce is the court process that ends a marriage and allows remarriage. In practice it involves a divorce application and, often in parallel, financial remedies (ancillary relief) and child arrangements, which are separate. In England and Wales (Divorce, Dissolution and Separation Act 2020; Matrimonial Causes Act 1973), a no‑fault regime applies: a sole or joint application is made on the single ground of irretrievable breakdown, evidenced by a statement. The court issues a conditional order and, after the statutory minimum period, a final order (replacing decree nisi/absolute). In Scotland (Divorce (Scotland) Act 1976), irretrievable breakdown is proved by adultery, unreasonable behaviour, or...

Insurance in financial remedy cases on divorce/dissolution: medical cover, life assurance transfers/surrenders, undertakings, and death-in-service benefits (England and Wales)

Published by a LexisNexis Family expert

Practice notes

This Practice Note reviews the range of insurance arrangements that parties involved in financial remedy cases might hold, such as life insurance/assurance, medical insurance and endowment plans. It also explains when it might be appropriate to implement a fresh policy, sets out the circumstances in which this should be put into effect within the proceedings, and notes drafting considerations when dealing with such policies. Individuals going through divorce or dissolution should audit the insurance products they own, whether in sole or joint names, including policies without a surrender value. The Practice Note concentrates on two areas that often raise more intricate issues: medical insurance and life insurance/assurance.

Medical insurance

In the UK, private medical treatment is available via private insurance, typically supplementing NHS provision. Employers may include such cover within their pay and benefits as part of a remuneration package, and schemes frequently permit the employee to add a spouse/civil partner and children on preferential terms. For parties living or working abroad, private medical insurance may assume particular significance, as they may have no access to NHS services and/or to adequate healthcare in their country of residence...

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Rebecca Dziobon

Penningtons Manches Cooper

Rebecca is an experienced family lawyer having trained and worked on complex financial and children matters at both City and regional firms for ten years. In 2011 she was nominated for, and appointed as, a member of the Resolution Pensions, Tax and Property Committee. She has authored the LexisPSL Family sections on pensions, insurance and trusts since 2013. In 2015 Rebecca moved into a knowledge lawyer role and is now senior knowledge lawyer at Penningtons Manches LLP. She is responsible for equipping the family team with the best tools to provide excellent client service. She also works collaboratively across the wider firm to devise and deliver business improvement initiatives ...

Web page updated on 26/05/2026

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