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Legal, pensions and money

inheritance

(55 Posts)
Catlover123 Mon 04-May-20 19:40:16

My husband is due some money from an inheritance and has already made a change (a deed of variation) whereby we can give some money to our children from this inheritance. Our son, unfortunately has decided that his marriage is not working and has seperated from his wife. They only got married a year ago. Our dilemma is whether it is right to go ahead and give him some money? In the sad case of them deciding to divorce would she be able to claim any of this money in a settlement?

Shropshirelass Thu 07-May-20 09:25:13

Catlover123. Put the money into a Trust Fund in your sons name, thus will protect it from any potential claims from his wife or anyone else. Your son is the only one who can access this money.

Coolgran65 Thu 07-May-20 08:52:10

Not cute examples.
Cite examples.

Coolgran65 Thu 07-May-20 08:51:28

He doesn't have to wait 5 years if he can go with unreasonable behaviour and cute exampkes.

Oopsadaisy3 Thu 07-May-20 08:32:20

If he has left his wife after just a year, don’t assume that she will let him have a divorce, she might make him wait for 5 years.

bikergran Thu 07-May-20 08:12:39

Daividhs that's what I was going to suggest , when obtaining a divorce I have been reading about instructing a "Clean Break"

Never heard of it before. But after reading story(American based) about an ex that claimed a large amount of money years after the divorce it made me think.

The Clean Break means you cannot claim any money ie :
lottery win, inheritance etc etc after the divorce is final.

It works both ways.

Coolgran65 Thu 07-May-20 03:16:39

Ignore the extra..... until.

Coolgran65 Thu 07-May-20 03:14:57

Pp has suggested paying for items/rent for the son to save his money. But if it saved his money...then he would have his own extra money to be shared in any settlement. Just the same result as having given him the money.

Paying his rent for example means he has more money half of which could be claimed
To buy him a car... The value of the car will be part of his financial assets so you don't want that.

The purpose is for him to have as little as possible when it comes to settlement either in cash, in the bank, or as assets.

If he got a 'loan' from you to help him out he should be seen to make repayments to you but do not give him back the cash because once again this would mean his own (more) money would be available for settlement.

He should gain nothing until full and final settlement and until after the Decree Absolute.until

Also definitely do not trust the other party if she was to say she would make no claim.

Dealite Thu 07-May-20 02:07:19

When I divorced we divided everything 50/50 and signed an agreement that each would not have recourse on pensions, earning in the future etc. Our son was 16, he stayed with me, there was no maintenance as I wanted a clean break, was of the mind I was whippet capable of caring financially for my son and I without being tied indefinitely to my ex. By all means ‘loan” your son money now if he needs it for the divorce and keep the rest until his divorce is final. They have only been married a year and it’s unreasonable to expect one adult to maintain another ‘forever’ if there are no children both sound young enough to start again.

Shandy3 Thu 07-May-20 00:55:45

Divorce does not mean someone can't claim against the other! Only a financial settlement on the basis of a 'clean break settlement' can ensure no future claim. Divorce and settlement are two different things!

Rosina Wed 06-May-20 17:13:05

Financial arrangements - typos.

Rosina Wed 06-May-20 17:11:46

For goodness sake, hang on to the money for now; when my DD divorced, her ex tried to grab everything he could, even attempting to go after her 'future inheritance' from us. His claims were wild and unfounded but we had some terrible times, consumed with worry by solicitor's letters, and saw some very odd and unexpected things happen in court before the financial matters were signed off. Please wait until the decree absolute and the finances arrangements have been secured before you give him anything.

Seajaye Wed 06-May-20 16:20:15

The best course of action is to wait until after the divorce and after the financial consent order made by the court as sometimes the financial order is not made at the same time as the divorce. If no financial order is made by the court ( or if a party has lied about their finances) , an ex spouse can come back at any time for a financial settlement order unless they have remarried someone else in the meantime. There was a case in the press about two years ago about a wife who was claiming 25 years after the original divorce. In that time the man had rebuilt his life and had become a very successful businessman. The eventual financial settlement was much more than the wife would have achieved 25 years earlier, when they were both poor.

Seefah Wed 06-May-20 13:55:03

By park it I mean open a separate savings account in your names and ‘park’ it there until he’s divorced. Ask him if he needs anything maybe you can buy it and he can ‘borrow’ it .

Seefah Wed 06-May-20 13:52:58

If I was you I’d park it for him because I’m pretty sure she can claim it if he had it now.

sarahellenwhitney Wed 06-May-20 13:31:32

Whose to prove the money is your sons if H leaves it in his own account ?Inform your son why you are doing this and should S insist on having the money in his own account then let him have it. Not your problem any more if his wife takes some if it.

Tooyoungytobeagrandma Wed 06-May-20 13:30:20

If they have a "clean break" divorce she will not be able to claim once divorced (I'm going through this at the moment and this is something I've discussed with my solicitor)

oodles Wed 06-May-20 13:18:29

I'd ask a solicitor for advice, only by getting proper advice from lawyer who knows all the ins and outs of the various laws and the whole situation can give correct advice
As for suggesting counselling, unless you know the whole story,maybe not a good idea to suggest,if not now it might happen another few years in the future and then the money certainly would be included in the settlement. and there might be children by then, be a listening ear by all means and shareany concerns, but beware of interfering in someone else's marriage

Schnauzer1 Wed 06-May-20 13:02:52

As has been said before they have only been married a year so I doubt any court would give the wife a claim on future earnings, inheritance or whatever after such a short time. The wife will just go back to living as she was before the marriage providing there are no children. If your son needs some money now to tide him over until things are settled go down the loan route as others have suggested with signed paperwork and small monthly repayments to you via a direct debit from his own account to create a paper trail but then give him the repayments back in cash each month.

annifrance Wed 06-May-20 12:48:14

When I divorced I was well advised that although the divorce certificate is very important it is not a guarantee that the partner cannot come back and claim more in certain circumstances such as an inheritance or lottery win. The document that is most important is a Consent Order whereby both parties sign to say they will not in the future have a lien on the other. I did this and very glad I did, I have now for years felt safe from my money grabbing ex.

Sussexborn Wed 06-May-20 12:19:32

A lot surely depends on what country, or in some places, state you and your son live in. Avalon’s idea seems sound but more knowledgeable people may disagree.

I guess there are online divorce solicitors/accountants who could advise.

Davidhs Wed 06-May-20 12:07:41

As they have only be married a year the settlement will be low unless there is a child ( that is his). Divorces are expensive, she might get less than her costs!.

Lizzle10 Wed 06-May-20 12:07:11

Usually divorces are ‘ in full and final settlement ‘ so no further claims can be made from one and other . Wait until the divorce then give to your son so he will be able to put it towards starting again.

Flakesdayout Wed 06-May-20 11:52:36

I think that once a couple are divorced and there is a clean break anything that your son 'gains' whether by working (bonus) or having a gift is his. For the time being I would hang onto the money and wait until after the divorce. If he needs it now, then make it a loan with a minimal repayment as others have said. Legal advice wouldn't hurt and you may be able to find some information on line

Davidhs Wed 06-May-20 11:45:04

What is promised in a will is not likely to be included in a divorce settlement now, when your husband dies it could all have been spent on care home fees for instance.

Give him whatever you want after the divorce, normally divorces are settled on a “clean break” basis with child maintenance, and no future claims can be made. If they are made on a “spousal maintenance” basis future prospects are taken into account.

maddyone Wed 06-May-20 11:31:54

Hang on to his share. Hold it for him. If he wants to use some of it ie to buy a car, or a holiday, pay for it out of the money you’re holding for him. Don’t let him put it into a property unless they have divorced.