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Divorce- financial settlement

2 replies

FamingolosForDays · 11/01/2026 23:04

Just a quick question really.
Currently divorcing STBXH, all very amicable, done independently of legal advice and we are at the end stage however we need to put a financial order before a judge so that we can apply for the final part.
STBXH has agreed to give a sum of money from an impending inheritance so that I can buy a property to live in and children can inherit a house each.

The difficulty is the inheritance is unlikely to arrive before the final part of the divorce can be obtained and the deadline is the end of year. I don't have any worries about him not sticking to the agreement but would like to have the financial order in place just in case.

I think what I am asking is:

Would a judge sign off the financial order even though STBXH does not have the money in his possession yet and no "date" as to when this money will arrive?

OP posts:
Firstsuggestions · 11/01/2026 23:22

Apologies if this question is crass but impending inheritance as in very elderly or terminally ill relative who is still alive but has been transparent about the will and finances so you can make plans based on that but cannot, obviously, put an exact timescale on it. Or, impending that the person has passed away the will has been read and estate calculated but it needs wound up (house/ business selling) before the money can be distributed?

To what extent is the money guaranteed i.e. stbxh is getting 100k from cash that is sitting in a bank account or he is getting 100k from a house that needs sold?

If the latter is there a reasonable risk of the money not being the amount calculated and to what extent will it impact his ability to give you want you need. For example he has said he will give you 500k to buy a house. He is solely inheriting a house which he will sell to give you the money. If the house he is selling is worth 1mil that's alot of wiggle room should he need to lower the price or additional costs. If the house is valued at 510k that doesn't give much room and may be an issue.

My understanding is judge can sign off on orders that include future payments but will be more likely to do so when that money is on a secure pipeline and can be quantified at the time of the order even if an exact timeline can't be given. If the person they are due to inherit from is still alive they could change their will or spend it all. Even if you 'know' that won't happen, you can't be 100% sure.

Even if it is absolutely confirmed and you just can't put a hard date on it, I would really encourage you to pay for a lawyer to give you both independent legal advice on it. Just an hour, as a judge is more likely to sign off on it.

FamingolosForDays · 11/01/2026 23:38

Ooh yes- to confirm, the person is definitely dead. Final bits of estate are being wrapped up now.

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