Will my inheritance be included in the matrimonial pot when dividing assets?
Inheritance is normally excluded from the matrimonial pot, and classed as a non-matrimonial asset. However, how the court treats inheritance will be case specific, and whether it is to be excluded will depend on the matrimonial assets of the marriage. If the inheritance is removed from the equation, and there is still sufficient provision for both parties needs to be met, then it is likely the court will be satisfied that the inheritance can indeed be ring-fenced.
However, if the parties’ needs cannot be met, the court may be more minded to include the inheritance to ensure both parties have sufficient financial provision to survive.
Further, if inheritance has been intertwined with the matrimonial assets i.e. it was used in part as a deposit for the former family home, the argument that it should be treated as a separate non-matrimonial asset will be weakened.
If you wish to seek further advice as to what constitutes a matrimonial or non-matrimonial asset then please get in touch.