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My wife of almost ten years has said she wants to divorce. She is likely to inherit a large sum from her father in the next 6-12 months and this is potentially in the region of £300-500,000. We have three small children and share a joint mortgage. We will likely sell the home and split the proceeds 50/50. However, I have a much smaller salary than my wife and will be unlikely to afford a mortgage on my own so will likely have to rent. As my wife will have a large inheritance she will be able to afford to buy a suitable home outright. Although I do not want to take any, would I be entitled to a share of her inheritance in order to ensure I am able to purchase a suitable home for me and my children?
Replies (3)
Hi, thanks for reaching out to amicable. If you're planning on making your financial arrangements legally binding through a consent order (if you agree) or a financial order (if you don't), normally, the starting point is a 50/50 split of all assets including any property, savings, inheritance etc. The courts primary concern is the children's welfare and that all needs are met. A Judge will consider lots of different factors including housing needs, age, earning capacity, contributions made etc. To reach an agreement its useful to look at your whole financial picture and work out what's the fairest way of separating your finances based on that. It's common for people to need help with this, and we offer coaching sessions which follow a similar pattern to mediation and can help you to reach an agreement on this. Divorces take a minimum of 7 months, following the introduction of 'no-fault divorce' and you can only apply for a consent order once you've reached the middle stage of the divorce process and have your 'conditional order' certificate. We also have a blog on inheritance and divorce which you can read here or you can speak to us directly through our 15-minute free advice calls.
Hi, I have been married for 25 yrs and my husband has cheated at least 3 times I know of. I have inherited money from my mum just passing. I have always worked part time to look after our now adult children. If I divorced him, does he get half? I class this as my future fund as I have no pension and still only work part time so no other money to fall back on. We have a house with no mortgage as it’s just been paid. My mother didn’t mention him in the will at all just myself and my brother. I would need this money myself to start again. Can you advise me please? I really can’t stay in this situation much longer I stayed before because of my children. If you could email me please as I am using a works phone and I don’t want calls on the home number as he doesn’t know I am contacting anyone. Thank you for your help.
Hi Sharon,
Thank you for getting in touch with amicable.
I'm very sorry to hear about your situation.
We have a 'no-fault' divorce system in England & Wales. This means that the reason for the breakdown of a marriage won't affect the legal process, including the judge’s decision on the financial settlement.
When dividing your money and property, if you're able to agree, you can apply for a consent order that tells the court about your financial arrangements post-divorce. This becomes legally binding once approved by a judge.
For 'needs cases', which most are, the normal starting point is a 50/50 split of all assets, including things like inheritance. However, factors such as earning capacity, age and pensions (or lack of) will impact how you split your finances and the arrangements you put in place. The court's main concern is that your needs and your children's needs are met, such as adequate housing and that you have enough to live on in retirement.
The most cost-effective way of getting help reaching an agreement is using our negotiation services. A Divorce Specialist will help you and your husband work out a fair way to divide your money and property that works for you both, preserving your parenting relationship by avoiding an expensive legal battle. Our Specialists are experts in conflict resolution and help couples reach a balanced outcome without breaking the bank.
Please book a free 15-minute advice call to get more information on the options available to you.
And here’s a helpful blog and an episode of The Divorce Podcast that talks about the fairness of 50/50 split.
Best wishes, Tatiana