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My friend is considering divorce but his father has recently died. At what point would his inheritance form part of the matrimonial assets?
My best friend's marriage has broken down and he intends to go for a divorce. His father recently died and left a house and some belongings. At what point would his inheritance form part of the matrimonial assets which would have to be shared with his wife on divorce? He will definitely receive a part of his father's estate, the only variable is time.
In considering an appropriate settlement on breakdown of marriage many factors need to be taken into consideration in order to decide what the appropriate settlement should be. Factors considered include length of marriage, age of parties, other assets and resources and each party’s needs. This list is not exhaustive and it is impossible to give comprehensive legal advice without knowing the financial positions of both your friend and his wife, and all the facts in their circumstances.
The law provides for inheritances to be taken into account when reaching a settlement. They are usually only "ring-fenced" where there are sufficient other assets and money to meet the needs of the parties and any children who may need to be considered.
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