P v P (Inherited property) [2004] EWHC 1364 (Fam) – Law Journals

Non-Matrimonial Assets: Further distinction

Fiona Turner considers whether inherited wealth is more likely to result in a departure from equality than earned wealth ‘Assuming the parties’ needs are met, the courts may distinguish between different categories of non-matrimonial property.’ Parties on divorce usually have a strong claim to share in the matrimonial property that has been built up during …

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Inherited Assets: Defining assets

Sonny Patel sets out the courts’ approach to inherited assets and steps that can be taken to protect the interests of parties ‘The duration of the marriage, and the duration of the time the wealth had been enjoyed by the parties, will be relevant, so too their standard of living and the extent to which …

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Divorce And Trusts: Rhubarb preserve

Juliet Mayhew considers whether D v D is a template for maintaining the family farm on divorce ‘The court has recognised the different nature of farming assets and the fact that a farm is unlikely to survive an equal division between husband and wife.’There is an area of West Yorkshire, between Wakefield, Morley and Rothwell …

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Divorce And Trusts: What happens to the family silver?

Katharine Landells reviews Jones, the latest case to show the court’s attitude to inherited assets on divorce ‘The fact that wealth is inherited and not earned does not justify it being treated differently from wealth accrued during the marriage.’ Since the sea change in family law following White v White [2000], it has been a …

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Inherited Assets: Preserving for the future

Chris McIntosh reviews the courts’ approach where the marital assets are inherited as in the decision in Robson v Robson ‘Financial needs should be considered in conjunction with the s25 MCA 1973 factors, viewed through the prism of the available resources, which might not have remained at a consistent level throughout the relationship.’ The case …

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