To go after my ex for half his inheritance

Inheritance is nearly always ring fenced, in this context you’ve absolutely zero chance of getting your hands on his mother’s money.

go for maintenance, but going for inheritance is pointless. No judge in the land will give you even a penny of his parents money,

I got divorced 20 years ago and I wouldn't go after anything my ex has. I have no idea about his financial affairs (or even if he is still alive!)

Definitely go through the CMS. I never received more than £7 a week and got nothing for years but you can try...

OP you need to get divorced but also ensure that there is a final financial settlement. If not you are vulnerable. If you have any assets e.g home, pension, savings and you don't have a will then if you die and you are resident in England he will be entitled under intestacy.

You really need to think about this.

Inheritance is NOT a marital asset and OP is entitled to none of it. Not a bean.

She should push for better maintenance though.

I wouldn't count on that. I imagine he'll have a will in place which doesn't leave anything to the children.

I'd probably use the threat of going after 'your share' of his inheritance to get him to pay for a divorce. Tell him that since you're married you're entitled to a share, but if he pays for the divorce you'll sign off during the financials.

I don't know about the UK/Ireland, but where I am assets are not included in calculating monthly maintenance. Income yes, assets no. And children cannot claim a share of a parent's inheritance. A parent can sue for payment of an arrears in court ordered maintenance, but I expect the legal costs would be hefty and he now has the money to fight it I expect.

file with CMS for maintenance... get a divorce... leave the inheritance alone!

I can only tell you what happened to a friend of mine in Australia, with similar laws as the UK.

They divorced and her husband paid nothing to their upkeep despite a claim with the Child Support Agency, Seven years later her XH received an inheritance the executor lodged in the Family Court. The moment the inheritance was lodged, all his arrears of not paying child support became noticeable by the Agency. The Estate solicitors received a letter from them with the total amount owed and were the first to be paid after distribution of the Estate.

My friend received over $20,000 and the XH not even $5000.

You are not even divorced. Go after his inheritance and divorce him after. It's the best you can do for your kids.

You need to get divorced, most important part of that is sorting out and untangling your finances. Because unless you do that he can come after your assets at any point as well.

In the process of divorce i would be bringing up the fact you looked after DSs with little to no financial input from him. And if there is not much to inherit, i’d be willing to accept a much lesser amount as a token just to get things done.

I would use this as opportunity to completely detangle myself from him.

@spanieleyes22 Inheritance isn't considered as marital property.

Are there arrears of maintenance because clearly you can take steps to ensure any inheritance is used to clear these

I'd go for it, and I'd put it away for the kids for later on. He is financially responsible for them, and if he won't pay voluntarily, take it out of his hands and take it yourself.

I think you know the answer here. Leave it be, you will only vilify yourself in the eyes of your ex, his family and possibly your kids too. This really would be the definition of kicking a man when he's down.

It's the sort of thing my ex and his money grabbing family would do (and have done). I'm sure that's the reason he's dragging his feet with our divorce even though he's talking about marriage with his latest girlfriend.

The children will inherit when he dies. Why go after his inheritance now.

I am currently dealing with a case where the husband and wife had been living apart for years and never divorced. He has just died and his wife has inherited his estate. His children got nothing. If you died without a Will your husband would inherit under the intestacy rules. Even if you made a Will he could have a claim against your estate under the IPFDA 1975. My advice is to get divorced ASAP. You might qualify for an exemption from the Court fee if you are on a low income or certain benefits.

https://www.gov.uk/get-help-with-court-fees

I wouldn't go after his inheritance, but I'd fight for more money for your children if it meant putting the heating on a bit more for them, extra clothes, nicer things and better experiences in life.

At the present time your parents are well, but none of us know what's around the corner so I'd want to protect what they might leave you for yourself and also your childdren. I really think I'd be looking at divorce through a solicitor who can advise and progress the matter.

What case is this?

I am not a lawyer and would not make any prediction on how this situation would go in court, but it does appear that a later inheritance, while it probably wouldn't be treated as a marital asset in the financial settlement, could potentially be used to determine the XH's ability to house himself and DC in the financial settlement and thus lead to a larger award of any marital assets to the OP. But this is assuming there are other assets.

Have you made a will? Your parents need to make a will covering if you die before you've settled their probabte. Make sure that he can't get anything of yours.

Get divorced properly; and claim maintenance. I mean morally it’s another question but legally I suppose if you’re still married then your assets are still legally shared. Maybe he should have signed the paperwork when you first offered it to him!!!