Divorce and Financial Matters
Practical advice in respect of divorce and the intricate financial issues arising from the breakdown of a relationship.
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When considering financial settlements following a divorce (or dissolution of a Civil Partnership), a party of the relationship may wish to exclude certain inherited assets from the matrimonial pot.
The courts have indicated that there are circumstances when inherited assets may be treated differently from other matrimonial property; however, there is no prescribed formula when dealing with inherited assets and care should be taken when considering inherited assets following a relationship breakdown.
In White v White, when considering the available assets to be divided in the matrimonial pot, the Court developed the concepts of matrimonial and non-matrimonial property. It would seem to follow that all inherited assets should be classified as non-matrimonial property as they are not fruits of the partnership and should therefore automatically be excluded from the matrimonial pot. However, before excluding an asset from the matrimonial pot the court’s first, and main consideration will be the parties’ needs. The origin of the inherited property will carry little (or no) weight in many ordinary cases where a spouse’s (and any children’s) financial needs cannot be met without recourse to the inherited assets; in these circumstances the court may distribute the inherited asset like any other financial resource.
In situations where both parties’ needs can be met from the matrimonial property alone, an argument can be made that certain inherited assets should be ring fenced. Despite inherited assets being an unmatched contribution from one party to the marriage, the court will not automatically exclude inherited assets from the matrimonial pot in these circumstances. The court will consider a range of factors when determining the issue including (amongst others):
No matter what steps are taken, inherited wealth can never be completely protected from a spouse in the event of divorce. Nevertheless, steps can be taken throughout the relationship to better protect the beneficiary’s position in the event of a relationship breakdown. Such steps could include, maintaining the distinct and separate origin of the wealth; taking well rounded legal advice; and entering into a pre-nuptial or post-nuptial agreement.
1 White v White [2000] 2 FLR 981
2 Robson v Robson [2010] EWCA Civ 1171
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