Hypothetical divorce
Here at IDR Law we were recently instructed on a case with an unique set of facts where we acted for the Defendant of an Inheritance (Provision for Family and Dependent) Act 1975 claim. Our client was the adult child of the Deceased and was the sole beneficiary of the Estate. The claim was being intimated by the Deceased’s spouse, on the basis that the Deceased did not make reasonable financial provision for the Claimant. Pointedly, the couple were completely financially independent, they kept all of their financial affairs and assets separate and did not live with one another, but instead in their respective properties.
A key element of this claim was calculating what the Claimant would receive on a ‘hypothetical divorce’ settlement. This case was atypical because of the separation of finances, so required further consideration of whether a ‘hypothetical divorce’ settlement was reasonable on the facts. IDR secured a successful result for our client through the use of Alternative Dispute Resolution. We hosted a mediation, to close the gap between the Claimant and the Defendant in order to bring the matter to an end.