LPAs, divorce and separation
Guidance from Estate Advisory Group
Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026
Divorce can end your spouse's appointment automatically — and if they were your only attorney, that can leave you with nothing in place.
The legal effect
Where a spouse or civil partner is appointed as attorney, divorce or dissolution normally ends their appointment unless the LPA expressly says it should continue. Separation without a legal divorce does not change anything.
Sole attorney means no LPA left
If your ex-spouse was your only attorney and no replacement was named, the LPA fails entirely. Make a new one while you have capacity.
What to do
- Review both LPAs as soon as proceedings begin.
- Revoke and remake, or use a partial deed of revocation to remove them.
- Notify the OPG so the register is accurate.
- Tell banks and providers who now has authority.
- Update your will at the same time.
Unmarried couples
There is no automatic revocation for cohabiting partners, so an ex-partner remains your attorney until you actively remove them. See removing an attorney.
Common questions
Can my ex-spouse use the LPA during divorce proceedings?
Potentially, until the divorce is final or you revoke the appointment. If you are concerned, revoke it now.
Does making a new LPA cancel the old one?
Not automatically. Revoke the old LPA in writing and tell the OPG, otherwise both sit on the register.
Read next
Where this fits
This page is part of Parents, couples and capacity. The pages below take it further.
- Make an LPA online
The whole journey end to end: questions, documents, signing and registration.
- What an LPA costs in 2026
Our £49 and £79 prices, the £92 OPG registration fee, and solicitor comparisons.
Review and sources
Reviewed by Ramani Gill TEP, Solicitor and private client practitioner. Last reviewed 13 August 2026. We recheck fees, forms and Office of the Public Guardian guidance whenever they change — see our editorial policy.
Official sources
Helping a parent or partner?
They make the decisions and sign, you can do all the paperwork. Start with the free capacity check.
The Office of the Public Guardian charges a separate £92 to register each LPA.
This is general information about how Lasting Powers of Attorney work in England and Wales. It is not legal advice about your situation. What we do and do not do.
Published by Estate Advisory Group