A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Future Inheritance

  • Pumpkin
  • Pumpkin's Avatar Posted by
  • New Member
  • New Member
More
22 Feb 08 #14798 by Pumpkin
Topic started by Pumpkin
I am in the process of a collaborative divorce but my ex-husband is claiming that I am due some inheritance from my mother. My mother, 85 is in good health and therefore I have no conclusion if and when I will get any inheritance. Is my ex-husband entitled to any future share of any proceeds and how do I protect this.
My solicitor is not giving me any advise on this.

  • DownButNotOut
  • DownButNotOut's Avatar
  • Visitor
  • Visitor
23 Feb 08 #14844 by DownButNotOut
Reply from DownButNotOut
In general a future inheritance should not be a major factor in deciding the asset split.

i.e. it is not part of the marital pot to be divided.

  • attilladahun
  • attilladahun's Avatar
  • Platinum Member
  • Platinum Member
More
23 Feb 08 #14853 by attilladahun
Reply from attilladahun
No her life expectancy is over 5

Unless the other side can be reasonably certain that the inheritance will "fall in " within 5 years it will be ignored.

I had a case where a wife's 92 year old dad was reasonably healthy but his mobility was impaired and on reading a letter from the GP that there was a 50% chance he would enter a nursing home within 18 months even then the DJ was having none of it.

Clearly it depends on the quantum....as an example if in the case your mother was likely to leave you £100K then a DJ would be reassured that if you took on a lerger mortgage or you were saddled with a large mortgage which you could at least pay on an interest only basis the same would or could be cleared or substantially cleared within a specified time especially say before your retirement etc

  • attilladahun
  • attilladahun's Avatar
  • Platinum Member
  • Platinum Member
More
23 Feb 08 #14854 by attilladahun
Reply from attilladahun
At best it is a "resource" referred to in s 25 not a matrimonial asset in the POT!

In fact, the relevant principles are set out in Section 25 of the Matrimonial Causes Act 1973 :

25 Matters to which court is to have regard in deciding how to exercise its powers under ss. 23, 24 and 24A

(1)It shall be the duty of the court in deciding whether to exercise its powers under section 23, 24 , 24A or 24B] above and, if so, in what manner, to have regard to all the circumstances of the case, first consideration being given to the welfare while a minor of any child of the family who has not attained the age of eighteen.

(2)As regards the exercise of the powers of the court under section 23(1)(a), (b) or (c), 24 24A or 24B]above in relation to a party to the marriage, the court shall in particular have regard to the following matters—

(a) the income, earning capacity, property

and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future,

including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;

(b)the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;

(c)the standard of living enjoyed by the family before the breakdown of the marriage;

(d) the age of each party to the marriage and the duration of the marriage;

(e)any physical or mental disability of either of the parties to the marriage;

(f)the contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;

(g)the conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;

(h)in the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit ,which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

(3)As regards the exercise of the powers of the court under section 23(1)(d), (e) or (f), (2) or (4), 24 or 24A above in relation to a child of the family, the court shall in particular have regard to the following matters—
(a)the financial needs of the child;
(b)the income, earning capacity (if any), property and other financial resources of the child;
(c)any physical or mental disability of the child;
(d)the manner in which he was being and in which the parties to the marriage expected him to be educated or trained;
(e)the considerations mentioned in relation to the parties to the marriage in paragraphs (a), (b), (c) and (e) of subsection (2) above.
(4)As regards the exercise of the powers of the court under section 23(1)(d), (e) or (f), (2) or (4), 24 or 24A above against a party to a marriage in favour of a child of the family who is not the child of that party, the court shall also have regard—
(a)to whether that party assumed any responsibility for the child’s maintenance, and, if so, to the extent to which, and the basis upon which, that party assumed such responsibility and to the length of time for which that party discharged such responsibility;
(b)to whether in assuming and discharging such responsibility that party did so knowing that the child was not his or her own;
(c)to the liability of any other person to maintain the child.]

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11