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My wife and I have been separated for four years and now intend to divorce. At what point does my wife lose any claim on any inheritance I might receive?

My wife and I have been amicably separated now for four years and now intend to divorce. My wife now has a new partner and lives with him in his house. We have no children. My question is: at what point does she lose any claim on any inheritance that may come my way? Both my parents have cancer and they would ideally like any inheritance I receive to stay with me, intact.

Unless an inheritance is actual i.e. one or both parents have  died and have left you money or property, it will not normally be viewed as part of the matrimonial assets. Either you or your wife could commence divorce proceedings on the basis of a two year separation, if you both agree. Once those proceedings are under way, you could negotiate how the existing matrimonial assets  (if any) should be distributed and as soon as a Decree Nisi has been pronounced, you could enter into a Clean Break Order which prevents either of you making a claim against the other in the future.

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by Maria Mason last modified 2008-05-14 16:12

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