Most divorces do not end up in court, but divorce lawyers will always look at the approach the courts would be likely to take. In terms of dividing the assets (such as property or investments etc) that a couple may have, the general starting point is that all assets are put into the ‘matrimonial pot’ to be divided at divorce.

Money or property you have inherited is not automatically excluded, however, as a rule of thumb, unless the financial needs of one or both parties means that inherited assets have to go into the ‘pot’, they are likely to be left out.

There are very few hard and fast rules when it comes to the way finances are divided at divorce. However, a divorce court is more likely to ignore the value of an inheritance if a short marriage is coming to an end. Although there is no real definition of a ‘short marriage’, the inheritance would generally be excluded if a marriage had lasted for less than five years. Each case is different, for example, if the couple have children then their needs are paramount, so if money is required for a house then an inheritance could be taken into account.

If a couple has been married for a long time, an inheritance would almost always be included in the financial assets to be divided. It would not necessarily matter whether it was received near the beginning of the marriage or towards the end (or even after the date of separation).

If you want to protect an inheritance (or if the person making the inheritance wants you to protect it) you can do so by having a pre-nuptial or post-nuptial agreement in place. Although they are not yet strictly legally binding, recent case law has shown the Courts are giving them more and more weight when finalising financial settlements. 

Please get in touch with our Family Team if you would like to discuss drawing up a nuptial agreement.  Call 0330 0945 500, email family@nevesllp.co.uk or complete our Contact Form and we'll get back to you.