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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Original poster

How likely is it that mum will get money out of dad?

58 replies

TheInheritenceIsWhose · 12/04/2022 11:12

Parents divorced when I was a teen, I’m now in my 30s so been split for 15years+.

Dad has just inherited a substantial amount, enough to retire.

My mum thinks she can go after some of it.

What I know of their divorce:

I am aware that the reason for the split was because my mum thought my dad didn’t earn enough money – he worked full time and we never went without; had food and clothes and school trips and a few holidays and if I ever wanted to go to the cinema or bowling with a friend/group of friends I could (admittedly sometimes they’d use nectar or clubcard points to get it but as a parent myself now I can understand why!)
No financial/consent order as they both walked away with a car and we lived in rented homes, they both ended up with a similar size place, mum kept our pets but dad then got his own
Dad paid maintenance to mum until my brother reached 19, I am older but dad never reduced the amount until my brother reached 18 even when I went off to uni and even then slowly reduced it by an amount each month until he paid nothing the month my brother turned 19 – he also paid well over what was recommended by the service used for child maintenance at the time and by well over I mean he paid £300-400 more than recommended by them
He also paid for my brother to get his motorbike license and me to get my car driving license and bought us a bike and car respectively and with insurance with no hint of asking for help from my mum
My dad was the sole benefactor of one will, he was one of 8 from another (first one was his grandmother who passed it solely to him for some reason, second was his parents who split it between their children and grandchildren)

Mum thinks she’s going to get half if not more of what dad inherited as if they were still married, she’d be benefitting.

She’s also upset that my dads sharing money with me and my brother - he’s paying for me to take my DC on a dream holiday that I’d never be able to afford by myself as I’m a single parent, he’s buying my brother a piece of equipment to do his job.

Mum is insisting I will need to cancel my holiday as that money will be hers.

So what are the chances she’ll get any? She’s apparently found a no win no fee lawyer to help her.

I’m firmly neutral in that if mums entitled to some money she should get some but I also think she’s just jealous and should leave the money alone.

OP posts:

Billybagpuss · 12/04/2022 12:01

Your mum is living in cloud cuckoo land.

Georgeskitchen · 12/04/2022 12:02

I don't think she would be able to claim anything. The inheritance didn't come while they were married. She sounds an awful money grabber

Viviennemary · 12/04/2022 12:07

If the divorce was officially finalised she has no chance of getting a penny.

Collaborate · 12/04/2022 12:13

Thise saying she has no chance of getting anything had better read up on the case of Wyatt v vinve www.familylawweek.co.uk/site.aspx?i=ed143725.

Short facts - 20 years after a penniless divorce the husband became a multi-millionaire. wife applied for finaincial orders. Got a legal services order (that H pays her legal fees). H appealed. Court of Appeal agreed and overturned the order. supreme Court reinstated it.

In the end they struck a deal and W got £300k. From a multi-millionaire (owned a company worth £57m) that is next to nothing. The supreme Court noted that W had an uphill task.

In a modest asset case a W would have an even harder time. But to say she has no chance is ignoring the law.

lonelydad2022 · 12/04/2022 12:14

Divorce is independent of financial ties. They needed to sever the financial ties with a clean break order in addition to the divorce 15 years ago. Your mother is right as she may have a claim on the inheritance. She is awful. Your dad is naive. Your dad needs a solicitor.

PeeAche2 · 12/04/2022 12:15

My husband's ex tried this after his business boomed. They did have a clean break order but she claimed that she was coerced into signing it.
They'd been divorced for 6 years and had children that were still minors. Despite this, she lost.
I'd say your mum has zero chance.

Stressybetty · 12/04/2022 12:26

Like others are saying, if they haven't had a consent order /financial settlement she can still apply for one. This really should have been done at the time of divorce but sometimes is left until later if it's not going to benefit the parties. We divorced in 2010 but have only just applied to the court for the consent order due to the complicated situation and useless exH. No idea if your mum would be due anything but I wouldn't be cancelling your holiday!

OnceUponAThread · 12/04/2022 12:51

@Thestagshead - no, I am referring to the case law. According to the law, she can make a claim.

You're saying no lawyer will take it on. But OP says the mum has already found one that will.

Worse - it appears the mum has found a lawyer willing to do so on a no win-no fee basis. That means that she doesn't have the obvious barrier of legal costs.

I think her chances of succeeding are unlikely. But even if she is unsuccessful, the dad is still going to face legal expenses fighting this.

And there is also a chance she could be successful. The case posted by @Collaborate is one shocking examples. There are plenty of others.

We have no idea of the size of the inheritance, which will make a difference.

You saying she has "no chance" is factually incorrect. It also suggests that OPs dad should do nothing to protect himself, which is irresponsible.

He should see a lawyer now. He should seek advice from a specialist.

Ideally, he should have sought a clean break order prior to the inheritance. Unfortunately, that ship has sailed. He can apply for one now, and seek to exclude the inheritance.

The mum is morally awful, for sure. But the dad should take legal advice and get on the front foot here.

Because in law, the ex has the right to seek a financial order now, and she can seek to have the inheritance included. And that will have legal costs for the dad at the very least.

chilliplant634 · 12/04/2022 12:56

Your mum is giving off some serious narcy vibes....

SoupDragon · 12/04/2022 12:58

Is your mum likely to get any inheritance from her parents? If so, does she think your father is entitled to half of it?

Glamora · 12/04/2022 12:59

Mum is insisting I will need to cancel my holiday as that money will be hers.

Your mum is a bitch

Original poster

TheInheritenceIsWhose · 12/04/2022 13:01

@SoupDragon

Is your mum likely to get any inheritance from her parents? If so, does she think your father is entitled to half of it?

@SoupDragon She only has 1 parent left now, and is likely to inherit a very small amount from that parent, I'm talking less than 10% of what my dads inherited. I'll ask her opinion on sharing it with my dad, that would be interesting.

OP posts:

missymarrk · 12/04/2022 13:05

I'm sorry you have to take the burden of this on. Some people have an absolute front. I couldn't ever imagine being that bold! Wild. I hope your dad is okay.

2bazookas · 12/04/2022 13:27

Your mother is divorced years ago and the children of the marriage are now adults.

I can't imagine what grounds she imagines she has, to claim any of her ex-s inheritance.

prh47bridge · 12/04/2022 13:56

Just to echo @Collaborate, given that there was no financial order she is entitled to claim (assuming she has never remarried). Those saying she doesn't have a chance are wrong. She may get something. Your father needs to see a lawyer.

I can't imagine what grounds she imagines she has, to claim any of her ex-s inheritance

The grounds are that they have divorced and there was no financial settlement. This case shows again that failing to get a financial order in divorce can be a false economy.

Billybagpuss · 12/04/2022 13:59

@Collaborate

Thise saying she has no chance of getting anything had better read up on the case of Wyatt v vinve www.familylawweek.co.uk/site.aspx?i=ed143725.

In the end they struck a deal and W got £300k. From a multi-millionaire (owned a company worth £57m) that is next to nothing. The supreme Court noted that W had an uphill task.

In a modest asset case a W would have an even harder time. But to say she has no chance is ignoring the law.

This is interesting.

The marked difference is in the case the df paid no maintenance at all, and the lack of financial support actively prevented the mum from bettering herself through uni courses and lack of childcare.

In the OP case her df paid more than the required child care.

I’d like to know why the no win company think it’s worth taking on.

Collaborate · 12/04/2022 14:35

I’d like to know why the no win company think it’s worth taking on.

There is no no-win company. It is unlawful for a divorce lawyer to take on a case on a no-win-no-fee basis.

Billybagpuss · 12/04/2022 16:47

@Collaborate

I’d like to know why the no win company think it’s worth taking on.

There is no no-win company. It is unlawful for a divorce lawyer to take on a case on a no-win-no-fee basis.

Ah, even more interesting (although makes sense) so the mum is trying to validate everything and it’s unlikely to go anywhere but poor op will have to listen to dm complaining for the next goodness knows how long.

Original poster

TheInheritenceIsWhose · 12/04/2022 16:50

@Collaborate

I’d like to know why the no win company think it’s worth taking on.

There is no no-win company. It is unlawful for a divorce lawyer to take on a case on a no-win-no-fee basis.

@Collaborate Interesting to know, thank you will do my research on this.

Have advised my dad to see a solicitor and told him what mums planning.

OP posts:

Pixiedust1234 · 12/04/2022 16:56

it all depends on if the divorce was properly finalised. Nisi is the start, Absolute is the end. If they didn't ask for the Absolute then they are still married. The devil really is in the details. They need a good solicitor and to dig up the divorce documents.

Original poster

TheInheritenceIsWhose · 12/04/2022 17:04

@Pixiedust1234

@Pixiedust1234 Dad has the absolute he showed it to me

OP posts:

Nahnanananahna · 12/04/2022 18:22

@Pixiedust1234 clearly isn't a lawyer as what is relevant is the consent order. Listen to the lawyers on the thread - it's clear who they are - they're saying your mum does have a chance,but it's likely to be a hard fight and it won't be no-win-no-fee.

bg21 · 12/04/2022 18:30

yeah your mums a dick lol a very entitled one lol

Thestagshead · 12/04/2022 19:27

The grounds are that they have divorced and there was no financial settlement

She did get a settlement, she got fifty percent of what rhey had at rhe time, which was fifty percent of sod all bur still fifty percent. This isn’t she walked away from what she could have had.

Op, he can see a solicitor but I guarantee he will be told she will get sod all.

Thestagshead · 12/04/2022 19:28

Also as she’s lying about the solicitor what she’s trying to do is scare him into handing her some money. He can’t let her do it,

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