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Pre-marital overseas inheritance

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  • Pre-marital overseas inheritance

    Asking on behalf of a friend. What is the best approach for the applicant to take when land was inherited before the marriage, was not enjoyed during the marriage, was only found out about after divorce proceedings had started, Ex husband is now making a claim to this (it is the equivalent of 3 years average salary). Friend had not declared this originally as a genuine oversight. She is now going to be upfront about this however does he have a stake in this? Can you the angle of conflict of law be applied here. It is Philippines where the land is owned.
    Thanks in advance
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  • #2
    Is the divorce taking place in UK? Hard to say how this piece of land would be treated without knowing the fuller picture. Are there kids involved? Could the land provide home/income in future. It is relevant in that it’s value would need to be calculated in terms of future finances. Unless she is very wealthy, he impoverished, I’d struggle to imagine a scenario of him gaining rights to the land, I suspect it would be considered more as an offset against money he would have to pay in spousal/child maintenance payments or clean break settlement.

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    • #3
      Thanks for your advice, there are 2 children involved, now classed as adults but were still children at the time of separation, and there was no financial support* since the separation in 2015 (unless you count the last 3 months before the youngest turned 18, when CMS made him pay £500 a month = £1500)* The inherited land is just a vacant lot and the intention is to leave it with the children as a legacy and will not be income generating.* The ex husband (respondent) earns more and continues to live in the FMH (no mortgage). You're spot on in saying he intends to use it to offset money he will have to pay.* As part of the financial settlement, can any unpaid child maintenance be included as part of the settlement?**

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