Can I challenge my ex wife on a ring fenced inheritance?

12th Sep 2019

I have been given a consent order and financial statement form to fill in from my ex wifes solicitor, but on her side of the form she has not mentioned an inheritance, worth to her in excess of £200,000, she says it is ring fenced. It was a piece of prime land in West Sussex which is coincidently going for final planning on October 2nd. I was divorced absolute this July after 38 years marriage. And she inherited this asset in 1987, six years into our marriage. Can she do this?

CATEGORY: Family

LOCATION: DEVON

1 answer
  • Curwens LLP

    You would usually only be provided with a Consent Order and Financial Information Form D81 to sign if financial terms between you and your ex-wife were agreed. Clearly agreeing to ring-fence a large inheritance sometimes happens, but it would very much depend on the value of the rest of the matrimonial assets and each party's needs. Further, if you know that the asset could significantly increase in value in a matter of weeks, then clearly it would inappropriate to try and finalise any agreement until after the planning application outcome is known.

    I would strongly advise you take some expert legal advice on the whole financial settlement - to ensure it is fair to you. It may be easier for you to search for a local solicitor at resolution.org.uk.

    Amanda Thurston

    Curwens LLP 

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