What happens to my inheritance if I divorce?

Depending upon the length of the marriage, and whether there is a Pre-Nuptial Agreement or not,  all assets of the marriage are pooled and treated as joint assets. Money or property that you’ve inherited are not automatically excluded from the assets to be divided unless they have been received at the end of the marriage and the reasonable needs of the parties can be met without using the inheritance.

The individual circumstances as to how much inheritance was received, when it was received  and how it was dealt with during the marriage (e.g. was it kept in a separate bank account or used to make joint / family purchases?) will all be relevant factors to consider.  

Usually future inheritances are not taken into account when dealing with the financial aspects of a divorce, unless the amount of the inheritance is known and the bequest is imminent and/or foreseeable. In very rare circumstances, if the inheritance is of a significant value and will be needed to meet the parties needs, the Court may even adjourn the proceedings until the inheritance has been received.

For more information how divorce can affect your inheritance, contact the Harrowells Family Law team.