Inherited Wealth & Divorce

Going through a divorce can often be an emotional and stressful experience. Working out childcare and financial arrangements regularly leads to feelings of uncertainty and stress, which can be exacerbated when one party has received or is due to receive inheritance.

Inheritance can be in the form of money, property or other assets which can be received at any point in someone’s life whether that be during marriage or before the marriage began.

During divorce, arguments can arise as to whether the inheritance should form part of the matrimonial pot or whether the inheriting party should be solely entitled to retain this.

Is my spouse entitled to my inheritance?

Whether inheritance should be included in the financial settlement will ultimately depend on the following factors which the court will consider:

• When the inheritance was acquired;
• How it has been used;
• Whether it has been mingled with the family finances; and
• What the parties intended.

The treatment of pre-marital and inherited wealth is highly fact specific, and the court has discretion in terms of how they may deal with this.

The needs of both parties, the length of the marriage, and many other factors will be considered to determine whether the inherited property or wealth has become ‘mingled’ with the matrimonial finances and therefore whether it should be included in the settlement.

Contact us today to discuss your rights

Our team is able to provide detailed advice on whether any inheritance received pre-marriage or during the course of the marriage will be protected from a divorce financial settlement. On the other hand, we can also advise you on whether you are likely to be entitled to the benefit of your spouse’s inheritance.

We also offer assistance in preparing pre-nuptial and post-nuptial agreements which can demonstrate the intentions of you and your prospective spouse with regards to any assets, including those inherited as well as inheritance prospects in the future, which you may seek to protect if the relationship breaks down.