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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Inheritance before final hearing

29 replies

Mumof3confused · 26/11/2024 10:58

Our financial situation has been somewhat complicated by my ex losing their (single) parent and now set to inherit. It won’t be a lot but more than enough to cover what they claim to be their needs. They were going for all of the available liquid equity despite being the stronger party, whereas I’ve insisted on splitting all assets 50:50.

Am I safe to assume that his argument for more than 50% (and leaving me knee-deep in debt) has now evaporated due to his financial situation changing?

To be clear, I am not after a share of his inheritance. Our marital assets are 100% down to what I personally brought in to the marriage and he has prolonged the proceedings by arguing for 70% to go to him for made-up reasons (my barrister has called him Machiavellian which is an accurate description). We’ve spent £80k on litigation - I even offered him a £50k lump sum at the outset to motivate him to settle and this was not enough.

Our final hearing has been adjourned twice due to his actions, lies and delays, and is now scheduled for next summer. By this time he may not have received his inheritance due to it being tied up in property, by he will have a reasonable idea of what he is set to receive.

OP posts:
TheHistorian · 27/11/2024 08:42

@Mumof3confused the three final hearings were part of his scorched earth campaign to make me run up as much legal fees as possible. His barrister kept talking and talking about nothing in particular which caused the hearing to time out. The judge let it happen. He knew he was going to lose so last ditched attempt to cause me as much pain as possible.

I took a clean break final settlement in lieu of lifetime spousal maintenance which was a big compromise but it means I am free. I could predict periodic variations because he's petty and vindictive.

It's good you're using a barrister. What do they say about the inheritance? Financial orders are based on need so no point being noble about it if it's going to leave you financially disadvantaged.

My ex-husband hasn't seen our child for over ten years. I think partly because of his defeat. He's gone through another marriage, they're now separated. I expect there'll be another divorce through court. I hope she fights her corner.

TheHistorian · 27/11/2024 08:45

Just to mention, probate should be granted for the inheritance before next summer so no excuses to keep it out of the pot. Just been through the process for my partner's dad.

Mumof3confused · 27/11/2024 14:12

I haven’t yet spoken to my barrister. I expect the probate will be straight forward so he will
have an idea of what assets are due to him within the 6m for sure.

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Mumof3confused · 03/12/2024 08:26

@LemonTT we have been going through divorce for almost 3 years and since his mum has been unwell for some time, I wonder if she has changed her will to protect his inheritance.

If his mum has changed her will recently, say she has left my ex out of the will with a private agreement between the siblings, is this something the court would take at face value?

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