Inherited and pre-marital assets

Often assets that have been inherited or brought to a marriage to become a focal point in negotiations over asset division on divorce and this can be an emotive and technical area.  Our family team has many specialists in this area of law.

Such wealth might include assets that have been integral to a couple’s life – a house or savings portfolio, for example. It could include pension assets or capital received as part of a previous divorce settlement. It might include a business or farm owned or run prior to the beginning of the relationship.


Get the right advice

Discussions can sometimes arise over the extent to which such wealth should be ring-fenced in the context of a divorce and not shared but retained by the spouse who inherited the assets. There can be occasions where an absolute ring-fencing is appropriate or other times where it would be appropriate for the entire class of asset to regarded as matrimonial asset like any other.  Much depends on the way in which the inherited asset has been treated during the marriage.   Often there is a greater prospect of ring fencing if the asset has not been shared or enjoyed by the non inheriting spouse.


Speak with our experienced family lawyers today

Our family solicitors are regularly called upon to advise on:

  • the treatment of inheritance on division of assets in a divorce
  • the effect of “mingling” the inherited wealth with other assets or income during the marriage on pre-marital assets
  • the preservation of pre-marital assets including pensions
  • the approach taken to Inherited property held jointly with another family member
  • the treatment of Trusts within divorce
  • the steps that can be taken prior to a marriage to better protect such wealth – see our page on Pre Nuptial Agreements


What’s best for you

Our family law team has been ranked as the best in Devon and Cornwall by Chambers and The Legal 500, the two leading independent legal guides. The team will be able to provide you with valuable guidance in relation to pre-marital assets or inherited wealth and help to get the right outcome for you.

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Liz Allen


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