Inheritance & Divorce

Assets inherited during your marriage can be considered as part of any financial settlement on divorce, but how those assets are treated will depend on a number of factors, including the size of the inheritance and the length of your marriage. Expert legal advice can help to make sure your financial settlement is fair and that your future needs are met.

At IBB Solicitors, our divorce finance specialists can provide clear guidance on how inherited assets are likely to influence your settlement. Whether you have received an inheritance you want to protect or believe you are entitled to a share of your spouse’s inheritance, we can help you secure a fair outcome, usually without the need for court proceedings.

Our team regularly deals with divorces involving high-value and complex assets in the £2-10 million range, so where a substantial inheritance is involved, we have the seasoned expertise and detailed legal knowledge to make sure your settlement is handled effectively.

Wherever possible, we will help you negotiate a settlement with your spouse using negotiation and methods such as mediation, collaborative law and arbitration. This can help you to achieve a financial separation in a more conciliatory way,  and at a lower cost than if you rely upon court proceedings,

However, often Court proceedings may be required. Where this is the case, our team can offer experienced advocacy and support through this process, helping you to achieve a settlement that fairly reflects your circumstances.

If you are planning on getting married or are already married and worried about how divorce could affect an inheritance, we can also help with creating a robust prenuptial agreement or postnuptial agreement.

To speak to a member of our family law team about inheritance and divorce, or to arrange an initial fixed fee consultation, give your local IBB Solicitors office a call in Chesham, Reading or Uxbridge, or email familylaw@ibblaw.co.uk. 

Why IBB Solicitors are the right choice for advice on inheritance and divorce

IBB Solicitors is one of the top-ranked law firms for family law in the South East, holding the top Tier 1 ranking from the Legal 500 for Bedfordshire, Buckinghamshire, Hertfordshire and Middlesex and Band 2 ranking by Chambers & Partners for Watford, Uxbridge and the surrounding areas.

Our Family Law team is led by Amanda Melton, a highly experienced family lawyer and divorce finance expert who has won recognition in the Legal 500 and Chambers & Partners, including for her “exceptional professional knowledge” and “strong interpersonal skills”.

Many of our family lawyers are members of Resolution, an organisation dedicated to removing conflict from divorce and family law. Family Law Partner Kate Ryan is a Resolution-trained mediator with experience in mediating settlements involving inherited assets.

We take pride in offering exceptional client service. Your case will be handled directly by one of our experienced family lawyers through every stage of your divorce, so you will always know who you can turn to when you have a question or need an update.

How we can help you with divorce & inheritance

How inheritances are treated in divorce settlements

Any property, cash or other assets you inherited before or during your marriage will, as a starting point, be treated just like any other assets during divorce. This means they can potentially be split 50:50 between you and your spouse.

However, family courts will generally take into account factors such as how long you were married and when you or your spouse received the inheritance when deciding on a settlement. So, for example, if you received a large inheritance shortly before your divorce, or you were only married for a very short time, it is possible a court might decide your spouse is not entitled to half of the inheritance.

Our team can guide you through the process of resolving matters by agreement or settlement or pursuing court proceedings to help you secure a reasonable settlement for you in all of the circumstances.

Future inheritance

A common question is whether future inheritance can be considered as part of a divorce settlement. In general, any future inheritance you or your spouse are likely to receive will not be considered as part of any financial settlement during divorce.

Our team will be happy to advise you on your options for protecting or receiving a share of a future inheritance to help make sure your financial needs are met.

Protecting your children’s inheritance during divorce

With many people choosing to marry or remarry later in life, it is common for one or both partners to already have children from a previous relationship. This can cause concerns about divorce as there is the potential for your children to lose out on their inheritance if your spouse were to take a substantial portion of your assets in a financial settlement.

We can advise you on your options to protect your children’s inheritance, including with a prenuptial agreement or postnuptial agreement, where appropriate.

Speak to our expert divorce solicitors in West London, Buckinghamshire, and the Thames Valley

To speak to a member of our family law team about dealing with inheritance during divorce, or to arrange an initial fixed fee consultation, give your local IBB Solicitors office a call in Chesham, Reading or Uxbridge, or email familylaw@ibblaw.co.uk.


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