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Inheritance and divorce

8 replies

Hellosummer · 02/06/2013 11:40

My friend separated from his wife last year, after a marriage of 7 years.
He moved out of the family home and agreed to pay off the remaining mortgage on the family home so his wife and child could stay there. ( 70k)
He agreed to leave her all the contents of the house. They'd re divorcing on unreasonable behaviour grounds.
In January of this year, one of his parents passed away. He stands to inhert some money but don't know how much... Possible in the region of 50-70k.
He pays maintenance of 100 per week for his child. During the marriage, she continued to work full time.
Her solicitor says as it stands, she has 60% split of assets.
Could she claim more from his inheritance ?
She will have the family home worth 250k mortgage free.
He is living in a rented property and has one other rental property which he uses for income. He has a business also.
Surely a court wouldn't ward her anymore as her needs and that of their child are met, and her standard of living remains the same.
She is pushing for more money.
What is the view here as he had sorted the money out and they had agreed before his parent passed away?
What would happen if it went to court?
Thanks

OP posts:
babybarrister · 02/06/2013 20:35

This reply has been deleted

Message withdrawn at poster's request.

Hellosummer · 02/06/2013 21:52

What do u mean if her needs were exceeded?
Their agreement was a financial order I think... The decree nisi is in June- and her wishes at that time of applying for the financial order were that he pays off the mortgage. His and her solicitor have verbally agreed the terms of the financial order but I don't think he's signed anything.
Surely she couldn't expect a BETTER standard of living than when they were married??

OP posts:
Xenia · 03/06/2013 10:10

It is when a consent order is sealed by the court that it becomes binding.
In England finances are assessed at divorce and in Scotland at separation I think so assuming you are in England I suspect it would not affect things.

Assessment is not needs. It's 50/50 as the starting point. your needs might be £13k a year but if your other half is worth £100m you may well get 50% of £100m. However my gut feeling here is that she might find it hard to claim much and it is a relatively small inheritance even so potentially it can be included if the consent order has not yet been sealed by the court.

STIDW · 03/06/2013 12:50

Each case depends on the specific details which is why your friend needs detailed advice from someone with knowledge and experience of the law. There won't be an effective financial order before the nisi decree is granted.

Inheritances are a grey area and the needs of the parties are an important factor. When the needs of both parties (in particular for housing) can be met from the other family assets an inheritance which has been kept separate from the other assets or a larger share of the "pot" might be allotted to the spouse who inherited. If there aren't deemed enough resources to meet the needs of both parties an inheritance may be shared.

Hellosummer · 03/06/2013 15:24

Thank you everyone

OP posts:
Suzietwo · 06/06/2013 20:54

Nice to see lyds has changed practice area

Selba · 11/06/2013 00:51

Why does anyone ever get married !

mumblechum1 · 12/06/2013 11:57

Nice to see lyds has changed practice area Who's lyds?

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