Parents

My parents have separated for over 7 years now and the cause for their seperation was due to my father being unfaithful with another woman behind my mums back for 3 years. A work colleague. At the time they didnt go to a lawyers,and bought a flat for my dad to live in. In the past 7 years we sadly lost my fathers mother and due to this he received a large payout. My mother being my grans long standing carer received nothing as they were separated and there was no will.

Recently my father has stated that he wants a 25,000 payouts plus the flat and my mother will keep our 30 year old family home.

My mother is due to retire this year and will receive a substantial payout of between 80-120 thousand to which my dad has stated he will not go after.

He had previously stated that she would have the house and he would take the flat but has since retracted this offer.

Can someone give me guidance on what if anything my mother has a leg to stand on?

Can she claim his inheritance? Can she claim against his adultery?

Many thanks.

Hiya Mazsienna, Sorry to hear your story, I hope it goes well for your mum. I don''t think the adultery comes into things, just the finances and the needs of the couple. I''m sure some of the wiki people will help you out but in the meantime just wanted to wish you and your mum all the best x

Thanks so much!

My dad is a ***** hence the reason why a haven''t spoke to him in 5 years x

aw. my girls are the same, they have lost out on so much because of his selfishness. I''m sure your mum is so grateful for your support, I know I am with mine. It''s a pity that she has to have the hassle when she should really be looking forward to retirement. I''ll keep my fingers crossed for an excellent outcome for her, karma x

Welcome to Wikivorce.

Firstly, inheritances are exempt from being part of the marital finances, so despite the tragic circumstances of your mother being your Gran''s carer, she isn''t entitled to receive any of the inheritance money left to you father.

However, your mother''s payout upon retirement will also not be part of the marital finances as it is only the assets and liabilities that are accrued during the length of the marriage, up to the date of the separation that are to be shared. Any asset gained after the agreed date of separation remains the sole property of that person.

Inamess is correct, your father''s adultery has no bearing on the financial settlement. Usually the finances and liabilities are shared on a fairly even basis, and on a premise of a Clean Break which means that neither party will make any future financial claim upon the other in the future.

The finances will have to be sorted out before any divorce proceedings can begin, which in the case of your parents can be under the simplified procedure (I''m assuming that neither you or any siblings are under the age of 16?) and can be done grounds of 2 years non-cohabitation, for which consent is not required from the defender.

Hope this helps

Ruth