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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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Would I have to share inheritence

  • epcleobury
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16 Nov 07 #6802 by epcleobury
Topic started by epcleobury
If I were to inherit from my parents before I was divorced would I have to give some to my husband?

  • Nettle
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16 Nov 07 #6810 by Nettle
Reply from Nettle
Are divorce proceedings already going ahead?

If they are, then I doubt you would have to share the inheritance, but if not then you might have to.

I inherited from my mother three years ago, I had spent a lot of it trying to improve things at home, and for the family, but X2B agreed not to touch the rest (in mediation) so I guess I was lucky. Had it gone to court they would have divided it.

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16 Nov 07 #6814 by epcleobury
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We are just separated at the moment and I just wondered if anything were to happen to my parents would I have to give him any as this isn't what they would want.

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16 Nov 07 #6816 by Nettle
Reply from Nettle
I would think as you are already sepearated then he would not be entitled to any of the inheritance.

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26 Apr 08 #20699 by catsmother
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My husband inherited from his parents 27 months and 14 months before we separated. Unbeknown to me, he received legal advice that if any of these monies were spent on me or the children I could claim a share in the divorce. Consequently all monies were held by his sister.

In the divorce, we have now been separated for 28 months, he has argued that this money should not be brought to account. This has not been accepted by any of the judges. I will receive at least one third and at most a half of these monies.

To complicate matters, my mother (age 86) has been repeatedly asked by my husband and his solicitors to give a copy of her will to the court. She has refused. She is in good health (going to Japan in September). He originally asked that his inheritence should not be included as I would get money from my mother. This has failed so he is now asking for a presumption of inheritence. The court has repeatedly rejected this but he is now thinking of going to appeal. I suspect he may try to take a test case on this.

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26 Apr 08 #20701 by Fiona
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Inheritances in England&Wales are a grey area. Generally if there are sufficent assets to meet both parties needs an inheritance which has been kept separate from family finances is likely to be allotted back to the person who inherited them, especially if the inheritance was recent. Potential inheritances are usually only relevant when they are imminent because they aren't certain - wills can be changed or testators outlive beneficiaries.

  • hadenoughnow
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26 Apr 08 #20708 by hadenoughnow
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I received an inheritance after we separated but before divorce proceedings started. It has been spent on improvements to the FMH, supplementing my income (it dropped dramatically when I was made redundant at the same time)so I can support the children - no input from him, and legal bills. There is no nothing left.
It doesn't appear to be being taken into account tho. If I had not had that money, the house would be worth less and I would be in debt because of all the bills for kids and lawyers.
Hmmm.

Hadenoughnow

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