Understanding future inheritance in divorce or dissolution of a civil partnership
Divorce or dissolution settlements can be complex, particularly when considering future inheritance. While generally not included in the immediate division of assets, anticipated inheritances can still influence the court’s decisions, especially if they are substantial and expected imminently.
Can future inheritance be claimed divorce or dissolution?
An inheritance that is expected to be received in the future after the divorce or dissolution is finalised is typically not considered in the divorce or dissolution settlement. This is due to the inheritance not being part of the assets accrued as part of joint endeavours in the marriage or civil partnership.
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How the court views future inheritance
Certainty and timing
The likelihood and timing of the inheritance are critical. If the inheritance is expected soon and with high certainty, the court may consider it more seriously in assessing future financial arrangements if the assets held are not sufficient to meet the needs of both parties.
Financial needs of both parties
The court primarily focuses on the financial needs of both parties. If one party’s future needs are significant and cannot be met with existing resources, the court might indirectly factor in the anticipated inheritance.
Protecting your future inheritance
Protecting a future inheritance from divorce or dissolution can involve several proactive strategies:
- Prenuptial and postnuptial agreements: Clearly outline the treatment of inheritances in the event of a divorce or dissolution.
- Keep inheritances separate: Avoid mixing inherited assets with marital assets, such as using them for joint expenses or placing them in joint accounts.
- Set up a trust: Establish a trust to manage and protect inheritance assets, ensuring they are kept distinct from marital property.
- Regular legal consultation: Seek ongoing advice from a solicitor to ensure your inheritance remains protected and compliant with current laws.
By implementing these strategies, you can safeguard your inheritance and ensure it remains your separate property.
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How Moore Barlow can help
Consulting with our experienced solicitors is crucial. They can provide tailored advice on protecting potential inheritances through prenuptial or postnuptial agreements, ensuring fair settlements without compromising future benefits.
While future inheritance is not typically included in the direct division of assets during divorce, it can influence financial settlements, especially when it is imminent and substantial. Understanding how the court views future inheritance and seeking expert legal advice can help in navigating this complex issue effectively.
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Helping you with your divorce and separation needs
Our legal team provides expert advice and representation for couples during the key relationship milestones, helping you navigate the complexities.
