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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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Inheritance

  • benmj87
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30 Apr 12 #327364 by benmj87
Topic started by benmj87
Me and my wife have been married for 18 months and are looking at separating. I invested my inheritance (approx 60% of the capital in our property), I was told this does not get split when we separate, is this correct?

  • LittleMrMike
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30 Apr 12 #327373 by LittleMrMike
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There is nothing in English law, as there is in other jurisdictions, that inherited property is excluded from redistribution.

As a rule the Courts are reluctant to touch inherited property but there are some general understandings.

The longer the marriage, the more likely it is that inherited property will be subsumed into the general marital pot.

Even if one spouse is allowed to keep inherited property, the fact that (s)he has it will be taken into account and the other could be awarded a larger share of the remaining asset.

Sometimes it can happen that the needs of one party cannot be satisfied without touching the inherited property and in that case it is possible that the Courts could have recourse to it.

Sorry, I can''t be more specific.

LMM

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30 Apr 12 #327375 by jonathancj
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If ring fencing the inheritance is going to lead to financial hardship for one of the parties, the court cannot leave it out of the equation. In S v. S, the parties had a marital pot of £1.3m with a further £900k in pensions. The High Court found that this was insufficient to meet the parties needs so the wife''s inheritance of what appears to have been a little over £150k should not have been ring fenced.

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