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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 726
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My wife and I have been separated 6 years.

Customer Question

Hello, my wife and I have been separated for over 6 years. When we split we sold the family home and split the equity 50/50. Our daughter spends most time with my wife. My take home pay must be about £200 per month more than hers. Due to these 2 facts I contribute hundreds more per month to our daughters upkeep. I'm happy for this to continue and also appreciate I'll have to give my wife some of my pension (we both work in the public sector earning good pensions but mine hasn't been affected by austerity cuts whereas hers has). I have no issue with any of this. My question is: if my parents die sometime before we're divorced, will I have to give my wife some of my inheritance ? Thanks
Submitted: 11 months ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 11 months ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
If you did decide to divorce then either your wife or yourself could make a claim in respect of the matrimonial finances.
There is a set process for dealing with the matrimonial finances and the first stage of this is full disclosure.
As part of the disclosure process you would have to disclose any monies that you may have inherited by then.
The inheritance would form part of the matrimonial assets to be considered.
The court would have regard to all the circumstances of the case, with the first consideration being the welfare of any minor.
It is often the position that the inheritance is not shared but that the non inheriting spouse will receive a greater share of the matrimonial assets.
In reality this means that if you did receive an inheritance, especially after such a long period of separation, it wouldnt be fair if on equal division of the assets there was insufficient to meet your wifes needs - then your wife may receive more or the matrimonial assets to meet her needs. The longer you are separated, the harder the argument becomes for your wife.
The courts do have a wide discretion in this area.
If, whilst going through divorce, your parents are alive and well, then there would be no reason for any inheritance to even be considered.
It is advisable at the same time as getting divorced that you also have the court approve a consent order dealing with your matrimonial finances and ensure that this consent order also having excludes the rights of both of your to make a claim against you in the future. This stops future claims and creates finality.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
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Expert:  ukfamilysolicitor replied 10 months ago.
Please Kindly remember to rate positively so that we receive credit for our work. Your question does not close when you leave positive feedback and I can answer your follow up questions for free.

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