Questions about Inheritance and Divorce
We are asked lots of question about inheritance and Divorce.
Don’t forget that we can only give general advice here. If you would like advice specific to your circumstances then please let us know.
An amicable divorce and protecting an inheritance:
Q. “My partner and I are getting married in the next few months and we both have good jobs and earn good money. We do not intend to have kids. My partner has been divorced before.
If we should split up we want it to be in an easy and amicable way without each of us having to fight for assets. I also want to protect any inheritance from my family.”
A. If you inherit assets after you marry, your spouse could claim them on divorce.
Whether the claim succeeds depends on future circumstances and in particular, whether the assets have remained in your sole name or been used for any mutual purpose or benefit while you and your spouse are living together.
You can protest existing and future gifted and inherited assets in a Pre-nuptial Agreement. The agreement has to meet a number of criteria to be followed by the Court in the event of a subsequent divorce or separation; you must both have independent legal advice, there must be full financial disclosure, no coercion on either spouse and the terms must be fair.
A Pre-nuptial Agreement should be completed by no later than 21 days before the marriage.
The negotiation of a Pre-nuptial Agreement lends itself ‘collaborative law’ a process where both parties get round the table with their lawyers and discuss and agree the terms together.
If you wish to know more about this, please view the Collaborative Law section on our website.