Divorce and Inheritance during proceedings.

[Bushi]

My wife started divorce process around 2-3 years ago and just left it hanging, and some.sort of controlling cloud of doom.
she did want to cancel but says she needs an email from me stating that is also my wish, sounds weird but....

Any way I don't hink I am that fussed either way and have not sent email.

Also in that time I have inherited some money, less than 1m but a solid sum.

I have kept all.of this, I think, in a separate bank account.

Some small sums for children's names.

Should this be safe and out of calculations for division?

Anything further I can do to start protecting my position?

[TownIdiot]

Bushi said:

My wife started divorce process around 2-3 years ago and just left it hanging, and some.sort of controlling cloud of doom.
she did want to cancel but says she needs an email from me stating that is also my wish, sounds weird but....

Any way I don't hink I am that fussed either way and have not sent email.

Also in that time I have inherited some money, less than 1m but a solid sum.

I have kept all.of this, I think, in a separate bank account.

Some small sums for children's names.

Should this be safe and out of calculations for division?

Anything further I can do to start protecting my position?

It's not safe.

You really need to speak to a solicitor pronto.
Does your wife have any assets herself?

[randlemarcus]

Not to be obvious, but start the divorce proceedings yourself. You may want to consult a lawyer about how to ensure the inheritance remains a non-matrimonial asset, but you've started the right way. Dont skimp on the lawyer - get a senior and try to ensure that you're clear about the path forward, and need guidance, not a barrier.

[TownIdiot]

randlemarcus said:

Not to be obvious, but start the divorce proceedings yourself. You may want to consult a lawyer about how to ensure the inheritance remains a non-matrimonial asset, but you've started the right way. Dont skimp on the lawyer - get a senior and try to ensure that you're clear about the path forward, and need guidance, not a barrier.

As a general point rather than directed specifically at the OP - how would one argue it's not a matrimonial asset, given that they remain married?

Does an agreement to divorce and time separated go some way to making the point?

[Bushi]

My reasoning with regards matrimonial assert is that it was inherited solely in my name after divorce process was started and kept separate.

[TownIdiot]

Bushi said:

My reasoning with regards matrimonial assert is that it was inherited solely in my name after divorce process was started and kept separate.

Have you at least started the process of agreeing a financial separation order? or already agreed one?

[Bushi]

TownIdiot said:

Bushi said:

My reasoning with regards matrimonial assert is that it was inherited solely in my name after divorce process was started and kept separate.

Have you at least started the process of agreeing a financial separation order? or already agreed one?

No. She started process, as a weapon more than anything I feel.
And it's been hanging.....2+ years

[TownIdiot]

Bushi said:

No. She started process, as a weapon more than anything I feel.
And it's been hanging.....2+ years

Are you separated?

Anyway good luck and now is definitely time to grasp the nettle.

[Bushi]

Cheers. I'll get some proper advice

I should have just pulled the trigger last year and filed myself, at least then I could have had the freedom to progress it.

[eliot]

she probably didn’t want to push or indeed cancel because she could sniff a potential inheritance, which I reckon she will now get half of.

[TownIdiot]

eliot said:

she probably didn’t want to push or indeed cancel because she could sniff a potential inheritance, which I reckon she will now get half of.

It's not totally straightforward but that will be the starting point certainly, unless the marriage was very short or she has substantial assets and / or earnings herself.

[Ascayman]

Unless you’re divorced and have a final consent order then that inheritance is half hers.

Coke and hookers may be your best option.

[GiantEnemyCrab]

I vaguely remember something on here about someone who had been separated for 3-4 years and then got divorced. Iirc the money / house price accrual from after the point at which they separated did not count for the settlement

[TownIdiot]

GiantEnemyCrab said:

I vaguely remember something on here about someone who had been separated for 3-4 years and then got divorced. Iirc the money / house price accrual from after the point at which they separated did not count for the settlement

There is also a famous story of the guy who had been divorced for years and his ex came back for a share of his subsequent millions as they didn't have a clean break.

The starting point will be 50/50, with various reasons why it could reduce or increase either way. If his wife has been looking after the kids and has to do so in the future she may well be entitled to more, for example.

On the other hand if she's loaded she might be entitled to less.

[YouWhat]

GiantEnemyCrab said:

I vaguely remember something on here about someone who had been separated for 3-4 years and then got divorced. Iirc the money / house price accrual from after the point at which they separated did not count for the settlement

That’s rubbish it’s all up for grabs if you don’t have a consent order, no matter how long ago you broke up, even if you divorced years ago.

[FilH]

Speak to some experts asap.


Tho car forum sense would say, spend it all on a classic Ferrari, then sell it to a mate for a few quid... And once the dust has settled , get the car back and off to the auctions.

[theboss]

Impossible to predict the outcome here OP.

Yes the inheritance will fall within the scope of your financial remedy proceedings i.e. you’ll have no choice but to disclose and and it will be “up for grabs”, but there isn’t necessarily an automatic entitlement for her to take half of it.

These things are always far from black and white, the outcome will depend on your unique circumstances, eg other assets and overall financial outcomes since your separation.

Good legal representation is important but the most important thing is to try and avoid contested proceedings in the first place, which will devour a chunk of your cash. Be open to negotiating a reasonable settlement with her.

[Starfighter]

Dead of variation and put most of in trust for the kids?

[TownIdiot]

Starfighter said:

Dead of variation and put most of in trust for the kids?

Too late as he's already got the money

[alscar]

TownIdiot said:

Too late as he's already got the money

DOV can be done at any point even if probate has been granted BUT must still be done within 2 years from the date of the individual's death who left the money.