A Practical Guide to Inherited Wealth on Divorce

This is a guide for legal practitioners dealing with financial remedies on divorce, where some aspect of inherited wealth is involved. With an increasing proportion of the nation’s wealth being held by older generations, inherited money or assets have greater significance than ever before, and this is undoubtedly the case in the context of relationship breakdown, whether it’s big money or a more modest asset base. This book considers how the courts will approach the division of assets on divorce where some or all of the wealth has been inherited by one party. It looks at the development of the law over the last 20 years, considers how different factors might influence the court’s approach, and how the court will identify and value any matrimonial element of inherited property. The concept of mingling is explored and how inherited property might be “matrimonialised” in some circumstances. It considers the court’s attitude to the evidence and summarises the case law, illustrating the range of actual outcomes where inherited wealth has been a factor. The impact of an inheritance following a divorce settlement is considered and whether the court will ever take into account future inheritance prospects. The effective protection of inherited assets, particularly by nuptial agreements, is also discussed. The book concludes with some practical pointers for lawyers dealing with cases where inherited wealth plays a part. ABOUT THE AUTHOR Hayley Trim is a solicitor with 16 years of experience in family law. From working in London on ultra high net worth and complex international cases to providing technical legal support, information and training to a large national family law team, she has seen cases of many shapes and sizes from the length and breadth of the country. A self-confessed family law geek, she has lectured on the subject of inherited wealth on divorce and has a particular interest in pre- and post-nuptial agreements. Alongside advocating technical legal excellence, Hayley is also a trained mediator and seeks pragmatic and commercial solutions for her clients. CONTENTS Chapter 1 – Introduction Chapter 2 – Case Law History and Development Chapter 3 – Nature of the Property Chapter 4 – Application of needs and sharing principles Chapter 5 – Other relevant factors Chapter 6 – Valuing the Matrimonial Element of Inherited Property. Chapter 7 – Departing from Equality – What is Fairness? Chapter 8 – Special Contribution Chapter 9 – Future Inheritances Chapter 10 – Inheritance as a Barder Event Chapter 11 – Passing Assets On Chapter 12 – Protecting Inherited Assets – Nuptial Agreements Chapter 13 – The Present; and Practical Considerations