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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.


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can future inheritance be claimed?

  • ccb76
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14 Sep 08 #48462 by ccb76
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thanks Mike - much appreciated. Just found this online which was helpful - www.familylawweek.co.uk/site.aspx?i=ed426

greed - yes. on my part he's doing this because the Judge threw out our Consent Order application. We had a short marriage (no children) and I agreed informally, without having taken legal advice and at a time where I was in a very bad way that I would walk away without anything. The Judge responded to our consent order application saying "why is it fair that the husband retains 100% of capital assets". So I took some advice and have been told I should receive a smallish lump sum. My ex responded to this by suing me for maintenance citing my inheritence as the reason why I should give him money.

I just want him to go away now. Will post what my sol says.

  • polomint44
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09 Nov 11 #296996 by polomint44
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What say you if the spouse parents were something like in their 90's, and had put the inheritance pot into a company to evade it falling into the divorce arena? The spouse is a director of that company as are her family members. She gets a salary from it. It is plainly a device to keep strings on potential inheritances.
Woudl the Court see through this and acknowedge some potential inheritance?

  • jonathancj
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09 Nov 11 #297068 by jonathancj
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Interesting. Just how was the money put into the company? A directors loan account? Debenture? Purchase of shares? There should be ownership of an asset of some sort, which would itself constitute the inheritance.

There is the odd case reported where the likelihood of a future inheritance was of such significance that the court adjourned the application for a lump sum pending the death of the testator. Very uncommon but permissible in law.

  • HUGO58
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19 Mar 19 #506780 by HUGO58
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Hi
My stbx has the same idea. When my father passed away in 2015 and stbx discovered that he had created a trust fund for his monies to be passed down through his children etc I was told "I didn't work all my life for me not to benefit from your inheritance! !
He then 18 months down the line rewrote his will, and got me to sign a severance in tenancy in common form,telling me a pack of lies as for the reason for it!
You would think after 32 years you would know someone.
Any way now going to court for final hearing as he is insistent that any potential inheritance should be taken into the financial order.My mum is still, alive and in good health,my father's will states that it's her money until she is no longer with us,so how can he think he has aright yo any of it.

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