Divorce/Inheritance

angelus

I have been separated from my wife for more than a year and intend getting a divorce on the grounds of her adultery. I have been in no rush to get this divorce as lately my parents have been in poor health. However, if while i am still married, my parents were to pass away would my wife be entitled to any of my parents assets ie inheritance?

I live in Scotland, is Scottish law different on this issue to English law?

back2square1

I don't know if the Scottish Law is different to English Law. But English Law yes the ex wife is entitled to part of any inheritance you may receive. How much would be up to you and your solicitor to thrash out with her solicitor otherwise the decision would be made by the courts.

arnie&caseysma!

Angelus, you have been separated for more than a year but have you and your wife made it a legal separation through solicitors? If not then seek legal advice through a solicitor and have a document drawn up that lists all the marital assets, including the value of any houses at the time and then have it agreed between you just exactly what she is entitled to on divorce.

She will not have any claim on any assets gained by you after the date of the legal separation agreement.

Hope this helps.

aimex

That isnt actually quite correct, as separation agreements, althugh they provide good evidence of parties' agreements etc are not legally binding, as they have not been ratified by the Court like a consent order on divorce. Any inheritance you receive will go into the "matrimonial pot" but exactly how much your wife would be entitled to remains to be seen. If you had started divorce proceedings a year ago you probably would have a consent order by now - the legally binding order which states x,y and z are to happen and that there be no other financial claims by either of you.

aimex

Sorry forgot to say my post was re position in English law...

hev_2

In English law you can go through the courts to get a legal separation which means that legally you can be considered apart but does not count as a divorce for those who have religious objections.

I think you need to get professional advice on this, and good luck.

aimex

The legal separation you talk of Hev is judicial separation and is very different to having a separation agreement, because when you judicially separate you can have the agreement concerning your finances ratified by the Court. Most people dont bother to use judicial separation because the process is basically the same as divorce and therefore people take the view that they may as well divorce. but, like you say it is good for ppl who do not wish to divorce because of religious objections etc.

angelus

Thanks everybody, i think i'd better go see a solicitor. They just cost a fortune though! :eek:

nearlyrich

angelus wrote: »

Thanks everybody, i think i'd better go see a solicitor. They just cost a fortune though! :eek:

Might save you a few quid in the long run though;)

Caz312

Scottish law is very different to English law when it comes to divorce. (have been though Scottish divorce myself) all assets are taken at date of separation.
unlike English divorce the finances must all be sorted out before divorce. (mine took over a year) but then I was able to do a diy divorce as there were no finances for the court to sort out (and no children under 16) - cost £62.
Inheritances are also normally kept out of Scottish divorce
Many solicitors will do a free half hour - mine cost around £4000 in the end but that was because my ex was unco-operative (changed solicitors 3 times) and was in no hurry to sort things as I was paying the mortgage for the house he was living in (only when I took him to court to force the sale after a year did things start to move)
Also my 'date of separation' was taken as the date I moved out the property - no additional 'separation agreement' so would say your finances would be calculated from over a year ago. (so each party is also protected if the other decides to run up debts after separation)

angelus

Thanks Caz thats interesting. My ex has actually bought another house with her new partner since separation.
You paid £4000? :eek: