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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.


inheritance

  • m00se
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15 Aug 12 #349707 by m00se
Topic started by m00se
Hi all,

Need a bit of advice please
Background - split 18 months ago, Decree Nisi granted just the financial settlement to agree, have been to mediation and agreed everything, however she has changed her mind over the sale of the house so we are back at square one on the financials.

Recentley a relative of mine has sadly passed and I stand to inherit some money, my sister is the executor and I have asked her not to give me any details at the moment but would think in the range of 10k.

Now I really do not want a penny of this inheritance to be claimed as joint asset by my ex, the marriage was over 18 months ago and we have already agreed in mediation that any future inheritance was not part of any pot. Where do I stand on this?

  • WYSPECIAL
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15 Aug 12 #349746 by WYSPECIAL
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Can you both be re-housed without taking it into account?

  • robinson25
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15 Aug 12 #349764 by robinson25
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My father died 6 months after my husband and i seperated. His solicitor said if i would not claim on his pension he would make no claim on my inheritance. With my inheritance i managed to buy him out of the house so i could provide a home for myself and our two children. he also kept both our endowment policies.

So when i retire since i dont have a pension of my own i will have no income, its very scarey. What annoys me is that when i did try and discuss money with him, all he used to say was , oh well you have the house, as if he had given it to me!!

To be honest if i didnt have the children with me i would have been better off selling the house and making a claim on his pension and maybe held onto one of the endowments.


it does seem so unfair as he is an only child and will inherit his mothers house and savings.Apparently the solicitor said to me they cannot take into account future inheritances as they might not happen, eg he might die before his mother.

  • polar
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16 Aug 12 #349775 by polar
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Sadly both my parents and my grandmother died before our split. The inheritances from all 3 went into the family pot.They were deemed as received.
My x''s parents are still alive (5 years after the split) Her proposed inheritance was not taken into account. Why? Because the wills could be changed and the amounts of money from a future death could not be substantiated or even estimated as it could all go to the cats home.
Im sure my parents would be horrified at what happened so I just had to make sure that what was left did well and it did !!

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20 Aug 12 #350700 by m00se
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Thanks for the replys.

Guess what Im trying to find out is does she have any claim on it?

AFAIK her legal aid has run out so our divorce is in limbo right now, I dont have the money to instruct a solicitor and push it from my end & im in no actual hurry anyway.

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