Marriage about to breakdown and inheritance due

[Madeaminnieme]

My marriage is in a really shaky nail. We’ve tried to chat, tried dating, tried to avoid excessive mobile usage etc and be kinder to each other. We don’t hate each other but I feel the love has gone.
I come from a relatively wealthy family. Not millions but a secure future. I can expect a fair inheritance and my husband knows this.
If something was to happen while my husband and I are still together, is there a way to ensure my inheritance isn’t included in the settlement?
To give a reason for my “tightness” - he got us into a pile of debt and promised companies my tribunal settlement to pay them off without discussing it with me. He’s terrible with money and I just can’t bear the thought of my grandparents hard earned money bailing him out when I want to invest anything into the future for our daughters.

Unfortunately the only way at all that you can protect your inheritance from divorce proceedings is if you inherit it within a trust. Setting up trusts is quite complex and your parents / family would need advice on how to do this. If you inherit it outright, every penny is taken into account on divorce. Even inheritance received before a marriage is accounted for within divorce (which is why you should always gift your children within a trust if you help them into the housing ladder). In a nutshell, if you’re due to inherit a sizeable sum, it’s worth seeking legal advice ASAP from both a family lawyer and a Wills & Trust lawyer.

Could your parents give it straight to your children?

An easier suggestion is move to Scotland and divorce their inheritance is not taken into account as they do not class it has a martial assist.

You need to end your marriage and have it officially documented with the solicitor telling him so. Get off mn and go and do it now. I am going through a divorce. I'm telling you. You will regret not sorting this. Today . Now. Officially.

To OP

Wills can be changed. So no certainty that you will inherit. Even if you do it could be some time away and well after the divorce?

My ex attempted to argue that as I was only child I was certain to inherit my parents estate and therefore they were entitled to a share before parents passed on! Courts ignored it on basis that wills can change and my parents were in good health.

As it turned out my parents had willed everything to grandchildren so effectively ex was trying to take their own children's inheritance!

If marriage is over concentrate on getting a divorce.

My sister was legally separated when she inherited our parents house
It was never brought up in court when my sister and her ex divorced
Possibly if he had told his solicitor to pursue it he would have had a claim?
Surprised he didn't as he is a nasty person

If you are in England and the money is needed to ensure you are both housed etc then the inheritance can be counted so one solution might be asking your parents either to give money to the children now or leave it in their will to the children (although that leaves it vulnerable to the children's spouses of course in due course making off with it). Are your parents very old and or in bad health? If so you do need to think about this risk. If not and you think you might be divorced in a year or too anyway then it might be best just to crack on with a final clean break settlement on a divorce.

You can try a post nuptial written agreement may be although in England they will just have indicative force but no point if you are going to divorce anyway.