Divorce Settlements and Inheritance

Just how inheritances will be relevant will vary in each individual case as it is important to consider many factors ,including:

When was the inheritance received or when is it expected to be received;
The size of the inheritance as compared to the asset pool;
The expection of the inheritance and how the parties may have planned for it in their financial planning;
Did the parties in any way contibute to the "inheritance".

By way of example:

Case One

The Family Court recently considered a case where one of the parties had an expectation of inheriting his parent's substantial estate. The parties were married for 16 years with two children. The Trial Judge determined that the property pool was valued at $864,000 and that the contributions were equal, but made an adjustment of 40% in favour of the wife, pursuant to the "future needs" requirement of Section 75(2).

The relevant factors in this decision were that the husband had an earning capacity of $150,000 a year and also had superannuation of $112,000 compared to the wife's $37,000. The husband also had an expectation that he would inherit an estate valued at approximately $2.8 million. The husband appealed against the ruling but the appeal was dismissed.

Case two

The Court recently determined a case where the wife made significant financial contribution through inheritances. The parties cohabitated together for 11 years. The Wife received inheritances totalling $1. 31 million about half way through the relationship. The court divided that assets 80% to the wife and 20%to the Husband recognising the significant direct financial contribution made by the wife through her inheritance.

Case three: In another matter the Court awarded the wife almost 90% of the assets due to the husbands “expected “inheritance.

The lesson to be learned is not to rely on rules of thumb as each case is different. It is important to consider how the many factors apply to the specific facts of each individual case, ,including:

· When was the inheritance received or when is it expected to be received;

· The size of the inheritance as compared to the asset pool;

· The expectation of the inheritance and how the parties may have planned for it in their financial planning;

· Did the parties in any way contribute to the "inheritance”?

If "inheritances" are relevant to your situation please contact The Norton Law Group for advice specific to your situation.

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