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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.

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

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


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can future inheritance be claimed?

  • dissapointed dad
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14 Sep 08 #48420 by dissapointed dad
Topic started by dissapointed dad
hi

my sbx has said that she may want a share of any future inheritance that i shall have (my sister and i are the beneficiaries of the will exclusively) although my mother is still alive

obviously my inheritance (when i get it) will eventually be ceded to our children when i die.

can inheritance be used in our current deliberations over financial settlement

help!!!!!!!!!!!!!!!!

dissapointed dad

  • Nanu
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14 Sep 08 #48423 by Nanu
Reply from Nanu
I wonder about that too.
Its a very important issue.

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14 Sep 08 #48424 by LittleMrMike
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Almost certainly not, in your case.

If the inheritance has actually be received then it's a different story. But she can't just make a blanket claim for any future inheritances you might receive.

But it is one reason why you should make sure that the final court order excludes this possibility, by dismissing all her financial claims to capital provision except to the extent specified by the order. If you don't there is a chance she could come back at you.

Gosh she sounds an acquisitive so and so, doesn't she ???

Mike

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14 Sep 08 #48427 by dissapointed dad
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Mike

you got it ! - i thought that i knew her after all these years - i learnt from my sister last night that sbx phoned my mother about 2 years ago and enquired if she had done anything about offsetting inheritance tax - naturally my mum was horrified

dd

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14 Sep 08 #48454 by ccb76
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Hi - I'm also wondering the same thing. My ex is claiming I lied on my original financial disclosure (for our Consent Order application) by not stating a potential share of my parents home that should come to me when they pass away. Both my parents are fit and healthy and I don't think my possible inheritence is relevant. He disagrees, considers it "wholly relevant" and wants a share of it (hasn't specified how much). Says he'll go all the way to court to get it and sue me for costs.

I should find out more from my solicitor by Tuesday at latest, will post anything useful up here. What I've found through google implies strongly that he's fighting a losing battle, so fingers crossed my sol confirms this.

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14 Sep 08 #48457 by LittleMrMike
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He is

being greedy ; and
wasting his time.

You have nothing to worry about in my opinion. You do not have the inheritance, therefore it is not a resource.

However will you please note the remarks I made to the previous poster about the importance of shutting out any claims your ex might make further down the line when your
parents are older and when the inheritance becomes a real possibility.

If you want chapter and verse : Michael v Michael, 1986 2 FLR 389. The Court rejected a submission that the prospect of an inheritance from a mother in her 60's with high blood pressure should be taken into account. The judge said the world is full of women in their 80's who had blood pressure in their 60's.

Does that help ?

Mike

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14 Sep 08 #48460 by Zara2009
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Incredible, I think I will put a claim in for my next-door neighbour's auntie!!!!!!!!!!!!! She looked a bit doddery today :laugh:

Zara

Greed ??

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