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Expert Divorce and Inheritance Solicitors.

It is common for people to be unclear about what happens to inheritance and expected inheritance when they are going through a divorce. Our specialist family law solicitors are ready to provide clarity and guide you through the process.

Divorce and Inheritance Solicitors in Cardiff & Swansea

Understanding the complexities of how inheritance may or may not be divided when you go through a divorce is not an easy task, and something that can increase the number of emotions you might already be feeling when it comes to going through this process.

It can be a difficult topic to discuss but at Grant Stephens Family Law, our expert solicitors handle every case sensitively and offer individual support and advice to every client.

Your local divorce and inheritance solicitors

At Grant Stephens Family Law, we support clients across South Wales, the UK and internationally in a comprehensive range of family law matters, from divorce and financial matters to pre and post nuptial agreements. Our offices are situated in central Cardiff and the SA1 waterfront area of Swansea, allowing us to see clients in person and on teams to suit your availability. 

What makes us different?

Grant Stephens Family Law is a specialist family law firm, recognised for multiple years as a Top Tier firm by the Legal 500, an independent legal research group. We have a 4.9 star rating on review solicitors and a wide range of excellent client feedback.

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What is classed as inheritance in a divorce?

Why does inheritance matter during a divorce?

Does inheritance count in a divorce?

There is no straightforward answer due to the nuance in the law surrounding inheritance in a divorce. 

Inheritance received before or during marriage is not automatically excluded from a financial settlement in a divorce, but it is generally treated as a non-matrimonial asset if the inheritance has been kept separate.

Untouched inheritance may, in principle, be ring fenced during a divorce, however this is not a guarantee.

The outcome, however, always depends on your specific circumstances, including the length of the marriage, how the inheritance has been used, the needs of any children, and the overall financial position of both parties. The courts will aim to achieve a fair and proportionate settlement, balancing the protection of inherited wealth with the welfare and needs of the family.

What is a matrimonial asset?

A matrimonial asset is an asset that was acquired either jointly during the marriage or used for the family. 

Matrimonial assets are subject to division during a divorce

Matrimonial assets might include:

  • The family home or any other properties purchased during the marriage
  • Joint savings and investments
  • Pensions that were built up during the marriage
  • Businesses or business interests

What is a non-matrimonial asset?

Non-matrimonial assets are assets that fall outside of the marriage. This will usually be due to how they were acquired or when they were acquired.

Non-matrimonial assets are not subject to division during a divorce

Non-matrimonial might include:

  • Property or savings owned before the marriage began
  • Assets that were gifted to one spouse
  • Some trusts or business interests that have not been mingled with family finances

You can read more about what matrimonial and non-matrimonial assets are here:

When can inheritance be shared?

What factors might the court take into consideration?

Women On The Phone Cheery

How can inheritance be protected?

Ring fencing assets inherited during the marriage from the matrimonial pot is far more likely if they have been kept separate and are not required in order to meet the parties’ needs in the divorce.

Any documentation that can be produced to evidence the source and timing of the inheritance as well as proof that it has been kept separate from the matrimonial assets, is essential.

What happens if I have a pre-nuptial or post-nuptial agreement in place?

There are circumstances where a well-drafted pre-nuptial or post-nuptial agreement can help in advancing an argument that inheritance should be ring fenced in divorce. The agreement would however need to be scrutinised and you would need to be advised on whether it include asset protection measure for any inherited wealth. You would need specific tailored advice on how likely the Court would be to uphold those provisions which would turn to the facts of your case and the validity of the agreement

As soon as you have settled your financial claims and have received a correctly drafted sealed financial remedy order, any inheritance that you receive at a later date can be protected from any future claims made by your ex-spouse.

When should you seek advice?

Obtaining early legal advice is essential to understanding how inheritance and other assets may be treated on divorce and to protecting the opposition. A solicitor can advise on your entitlement, likely outcomes, and the most effective way to structure proposals, whether through negotiation, mediation, or court proceedings. A properly drafted financial settlement recorded in a consent order approved by the court provides certainty, finality, and enforceability. Without an agreement, financial claims can remain open even after divorce, creating ongoing risk.

Inheritance, Finances and Children

The courts first consideration within financial remedy and divorce is the welfare of any minor children of the family. This is particularly the case when deciding how housing and income should be arranged. The parent with primary care may need to remain in or secure suitable accommodation for themselves and the children, even if this limits how the assets are divided. The court, where possible, will aim to minimise disruption to schooling, community ties and the children’s general living arrangements. In some cases, capital assets include inherited funds may be used to meet housing needs if there are insufficient other resources.

Your child arrangements, agreed or ordered by the court, can influence financial planning to include secure housing and ongoing costs. All of these matters which must be considered when dividing assets or agreeing on maintenance

While inherited assets can sometimes be treated as non-matrimonial, the courts first priority is meeting the financial needs of any children of the family and, where appropriate, both spouses.

Head to our child law page for more information:

Do we have to go to court?

Our process for inheritance matters in a divorce

Either ring our firm, send us an email or fill in our enquiry form and a member of our team will get back to you as soon as possible.

You will initially speak to one of our legal assistants, before being transferred to a solicitor who will gain a more detailed understanding of your family law issue and ensure that we are the right firm for you.

You will initially speak to one of our legal assistants, before being transferred to a solicitor who will gain a more detailed understanding of your family law issue and ensure that we are the right firm for you.

If you decide we are the right firm for you, our team will work with you to lay out a clear plan based on your circumstances, including support with children and finances, and support you through every step of the legal process.

Meet your team of legal experts

Grant Stephens profile photo

Grant Stephens

Managing Director (He/ him)

Lisa Evans profile photo

Lisa Evans

Director (She/ her)

Bethany Davies profile photo

Bethany Davies

Director (She/ her)

Placeholder

Leah Rhydderch

Senior Associate Solicitor (She/ her)

Lowri Walters profile photo

Lowri Walters

Associate Solicitor (She/ her)

Nel Roberts profile photo

Nel Roberts

Associate Solicitor (She/ her)

Alex Lowe profile photo

Alex Lowe

Associate Paralegal (She/ her)

Frequently Asked Questions about Divorce and Inheritance

What happens if inheritance is used to buy the family home?

If inheritance is used to buy or help the family home, it is usually treated differently from inheritance that has been kept separate. The family home is often regarded by the courts as a central matrimonial asset regardless of how it was acquired.

Inheritance during divorce is complex and nuanced so it is essential to get advice about it as the outcome can vary on a case-by-case basis.

Does inheritance received after separation count?

Inheritance received after separation is less likely to be shared during a divorce, but it is not automatically excluded. The court will consider when it was received, the length of time between separation and divorce and the overall financial circumstances of both parties. Assets acquired after separating are often treated as non-matrimonial, particularly if they have not been mixed with joint finances. However, if one party’s financial needs cannot be met without taking that inheritance into account, the court has discretion to consider it. 

Divorce Financial Services

Grant Stephens Family Law - Testimonials

“Grant was excellent in dealing with the financial element and finalisation of my divorce. My case was fairly complex and he gave me confidence in what could have been a very stressful situation. As well as being extremely professional, matters were explained succinctly , and all options explored. Nothing was too much trouble, and in addition to the legal advice given, I appreciated the humility that was shown. The service provided has been exceptional and I would highly recommend Grant Stephens”.


Anonymous

“Grant and his team represented me through an extremely difficult and emotional period. Grant offered unrivalled advice and support throughout my divorce and always acted professionally and promptly with my best interests at heart. I cannot recommend them enough. Thank you Grant”.


Damien

“I struggle to find the vocabulary that encapsulates the remarkable essence of this Law Firm. From the second I walked in I was treated as equally as important as everyone else and instantly made to feel part of a family that cares. At every single stage I was kept informed and updated on every point regardless of magnitude. Every phone call and email was answered immediately and instantly actioned. A special mention to Grant Stephens and Nel Roberts who worked tirelessly and relentlessly, at weekends and evenings to ensure that everything ran like clockwork. Neither Grant nor Nel ever took a backward step, rather displayed an unwavering focus on constant progress. Without this team my family wouldn’t have the future we’ve now been afforded. I truly am beyond grateful and I’ll never forget how this team wonderfully changed my son’s and my family’s life. The lovely genuine team at Grant Stephens Family Law operate at an elite level in a time and space all of their own. The passion, service and professionalism is exceptional because they care…. and the warm family feel is a bonus gift all of its own!”


Mr C De-Vulgt

“I had an amazing experience with Grant and Bethany. Grant and Bethany are true professionals, and after my experience with them I am so glad I chose this firm. If you are reading this review and are experiencing any sort of family matter, I urge you to give them a call, my experience was they will start getting things sorted for you from the moment you get in touch. Even though my case was admittedly very complicated, their hard work has taken me from no contact with my daughter, to building a meaningful relationship with her. Their knowledge, experience and professionalism is outstanding and I was extremely impressed with the representation I had from them in court. But what really separates this firm from the rest is the level of care they have for their clients. They wanted to do everything they could to help me, and with my case they truly went over and above. They aren’t just great solicitors, they are great people and I cannot thank them enough for everything they have done”.


Mr A

“Grant Stephens Family Law handled my drawn out, complicated and acrimonious divorce with the utmost professionalism and support. The firm could not have offered me better advice or more support throughout the entire process. Without their expertise and the way they guided me, I can honestly say I would have given up on many occasions. I cannot recommend the firm highly enough”.


Kerry

“I cannot recommend Lisa and Grant Stephens Family Law highly enough. Lisa has been representing me throughout my ongoing divorce and financial settlement, and her professionalism, expertise, and support have been exceptional from the very beginning. This has been an incredibly difficult process, but Lisa has always taken the time to provide clear, honest, and practical advice, ensuring I understand my options and feel confident in every decision I make. What has stood out most is Lisa’s genuine compassion and commitment. She combines outstanding legal knowledge with a calm, supportive approach, making a challenging situation far more manageable. I am extremely grateful for Lisa’s dedication and the excellent service I have received from Grant Stephens Family Law so far. I would not hesitate to recommend the firm to anyone looking for an experienced, trustworthy, and compassionate family law solicitor”.


R.J

“I cannot recommend Bethany highly enough. She supported me through one of the most difficult and emotionally challenging periods of my life, and throughout the entire children matter she was calm, professional, honest and exceptionally reassuring. Bethany always explained the process clearly, gave balanced and practical advice, and made sure that I fully understood every option before making decisions. What stood out most was that Bethany never lost sight of what truly mattered: securing a stable, fair and child-focused outcome. She handled difficult correspondence in a measured and professional way, remained focused on the important issues rather than unnecessary conflict, and gave me confidence at times when I was understandably anxious about the process. Her judgement and strategy were excellent. The final outcome provides long-term certainty, stability and equal involvement from both parents, which was exactly what I had hoped to achieve from the outset. I will always be extremely grateful to Bethany for the role she played in helping secure that outcome. Beyond her legal expertise, Bethany treated me with genuine kindness, patience and respect. I always felt that she listened to me, understood how important the matter was, and genuinely cared about achieving the best possible result for my family. Bethany is an outstanding solicitor and an absolute credit to Grant Stephens Family Law.”


Matthew

“There are simply not enough words to express my gratitude to Nel and everyone at Grant Stephens Family Law. Nel listened without judgement, gave honest and practical advice, and guided me through one of the most difficult and emotionally challenging periods of my life. Every step of the way, I felt supported, informed, and confident that she was fighting for what was right. What truly sets Nel apart is her professionalism, dedication, and genuine compassion. She never once wavered, no matter how challenging the process became. She was always prepared, always approachable, and always had my son’s best interests at the heart of everything she did. Because of Nel’s hard work, commitment, and expertise, my son and I now have the meaningful time together that every father and child deserves. I genuinely believe the outcome would not have been the same without her dedication and determination. If you are looking for a family law solicitor who is exceptionally knowledgeable, genuinely cares about her clients, and will stand by you through every stage of the process, then I cannot recommend Nel and Grant Stephens Family Law highly enough.”


Mr A Morris

“The Most Kind and Lovely Person to Have Evie was and is an amazing, kind, and thoughtful person who I had the pleasure of dealing with my case. She helped me and reassured me in difficult times. I don’t know where I would be without her. She helped build my confidence and trust with people again after my ex. She gave me back my power. I genuinely mean this from the bottom of my heart; she saved me from so much negativity going around me at the time and supported me with coming out of my abusive relationship. She supported me and dealt with thousands of calls off me, which probably done her head in. I feel I have my confidence back and I am able to be me again and be the best mum to my daughter”.


Rhianna

“I cannot thank Nel and the team at Grant Stephens Family Law enough for the support they’ve given me throughout my divorce over the past year. It has been an incredibly difficult and emotional time, and their guidance, expertise, patience, and professionalism have made all the difference. Nel not only advised me expertly on every legal aspect, with her and the team being extremely responsive and skilled, but also consistently supported my wellbeing and advocated for both me and my son from a welfare perspective. I’ve always felt genuinely supported and well‑advised at every stage. The whole team has been extremely communicative, available, thorough, and truly invested in helping me move forward. I’m deeply grateful for everything they’ve done and wouldn’t hesitate to recommend them to anyone needing family law support. Without Nel and the team, I would not be moving into a new home, with a fair settlement and agreements that above all, work in the best interest of my young son”.


S, Cardiff

“Ar adeg pan oedd arna i wir angen help, nid yn unig y cefais hynny ond cefais y gorau hefyd! Rydych chi’n cymryd eich swydd o ddifrif calon ac roeddech chi’n chwa o awyr iach. Dydw i erioed wedi profi lefel y gwasanaeth a ddarparwyd gennych, a theimlaf eich bod yn glod i’ch proffesiwn. Daliwch ati gyda’r gwaith da gan eich bod chi wir yn gwneud cymaint o wahaniaeth i fywydau pobl.”


Cleient Cyfraith Teulu

“I received great service from you, and I agree with the other testimonials here; You are very approachable, empathic and overall, very professional. I will definitely recommend you to friends if they need help with a family law case.”


N, Cardiff

“I would like to thank you so much for your assistance over this difficult period, your professionalism and advise has truly given us the decision we wanted as a family.”


John Morgan, Newport

“Thank you for all of your work towards finalising my divorce. It seems a bit strange to be thanking someone for that but your good humour, honesty and efficiency really made a huge difference through what has been the hardest time of my life. You even managed to make me laugh! Thank you.”


L, Cardiff

“At a time that I really needed help, I not only got it but I got the best! You take your job extremely seriously and you were a breath of fresh air. I have never experienced the level of service that you provided and feel that you are a credit to your profession. Keep up the good work as you really do make such a difference to people’s lives.”


F, Cardiff

Having used Grant recently in a Court matter relating to contact with my son, I found Grant to be approachable, understanding, empathic, considerate and ultimately very professional with the way in which he conducted himself throughout the case.  Always there to give you that peace of mind, guidance and support when it’s most needed.  I would have no hesitation in highly recommending Grant for his services.”


Stephen Loynton

Grant represented me, negotiating family and relationships and children.  Having no experience in this field, I entrusted Grant who is personable, empathetic and realistic with one’s circumstances; whilst ultimately professional with guidance, presenting all the facts of the situation in a straight and honest manner thus enabling me to make informed decisions.  Grant’s abilities gain his clients optimum results, in the least amount of time which lessens the burden. Excellent service thanks you!”


Debra Thomas, Bridgend

“Grant Stephens literally saved my court case for my daughter and has now given her the potential to have a full and meaningful relationship with myself, her father. Although my last minute involvement of Grant, he was able to grasp the situation I had been placed in thoroughly and effectively and in turn provided me with the assistance to win my court case. I will be eternally grateful for the support and service he provided to me, especially my statement he prepared that was written in a professional manner as well as had the main aspect of what was the best interests for my daughter. I would recommend anyone that has a child related case to seek Grant’s service and I am more than confident that he will help you to win.”


Mathew Azzopardi, Cardiff

“I cannot recommend Grant Stephens highly enough! If you’re looking for a highly efficient Divorce Lawyer who will go the extra mile for you, then look no further. From the moment I walked in through his door I was made to feel at ease which was no mean feat considering the devastation I was feeling at the time. I immediately felt that Grant was a man whom I could trust. At all times I was confident that he was working not just for me but WITH me to achieve the best possible result. He explained my options clearly and kept me informed throughout, making sure I understood the next step. I felt guided and encouraged through what was a very traumatic time in my life. Grant was highly efficient and always available to me at the end of the phone when I got the “wobbles”. I truly believe he had my best interests at heart. He is obviously passionate about his work and genuinely cares about his clients. Sincere thanks to you Grant for a job executed exceptionally well.”


Vanessa Powys, Cardiff

“From the moment we met Grant we had confidence in his ability. He was clear in his advice, and he avoided legal jargon. He set our expectations on costs and was careful ensure all his work was productive. While a contested financial resolution was never going to be pleasurable, Grant’s good­ humoured nature ensured that our meetings were enjoyable as well as business-like; particular thanks to him for helping Cheryl through the Court Hearings which would have been very stressful without his support. Throughout we were lucky to have Grant “in our corner” and the end result was a fair settlement: we recommend him without hesitation.”


Nick

“Thank you for all of your help, support and sound advice in these matters; I feel like I’m a lot further forward than I was when I first came to you. Many thanks for everything”


Rachel

“I’m not sure that I could ever quite explain just how grateful I am to you. Not only have you managed to get a financial settlement that far exceeded my expectations, but you have made it all so bearable along the way. From day one you have been friendly, approachable and importantly (for me) willing to explain any silly questions I have needed to ask. You set out realistic timescales and expectations of financial expenditure at the start which were adhered to. I must also mention how wonderful your staff are. Alex, and Emma have all been a pleasure to deal with and I must give them a special mention, they truly are an asset to you. At a time when you are feeling so emotionally vulnerable, it really does make such a difference when phone calls are answered by lovely, polite, friendly people who obviously go the extra mile to show an interest in your clients.  I can and will, without reservation, highly recommend your practice to family, friends and any colleagues who may (unfortunately) find they need the services of an excellent solicitor.”


Helen Radzimierska

“Many thanks for the excellent service you provided. I would certainly recommend you and your efficient team”


Ms S Allsopp

“Grant made me feel at ease and relaxed. His office views over Cardiff add to the relaxed feel! He explained my position clearly and gave me reasoned advice, backed up by case history. I highly recommend Grant Stephens Family Law to help guide you through your Divorce.”


Jeremy Cheadle, Cardiff

“Being the Applicant in my divorce case was a hugely daunting position to find myself in. I had no idea what the future held for myself and my children. From my first meeting with Grant, I felt completely reassured that I had made the right decision in instructing him. Grant’s attention to detail was second to none. He rapidly understood my circumstances, my concerns and the needs of my children. My case was lengthy and in no way straight forward however Grant’s expert advice, professionalism and determination that the Court make a fair ruling ensured the success of my case. I cannot recommend Grant highly enough. I have not met another family lawyer of the calibre of Grant Stephens (I worked with numerous locally throughout my divorce). Grant supported me wholeheartedly, offered me sound professional advice, I became part of a team with Grant who I trust implicitly. Even when there were difficult decisions to be made, I always looked forward to my meetings with Grant due to his warm engaging nature, empathy and when appropriate good humour. Grant has secured the future for my children in incredibly trying circumstances. I feel extremely lucky to have had Grant represent me throughout this process and I could not be more grateful to him for the result he achieved.”


Alexandra Jackson

“I recently instructed Grant on a family law matter/ and was extremely impressed with the high level of service I received. Grant took great care and attention to understand the circumstances fully/ and wholly assisted both myself and my family through the entire process. His level of professionalism/ integrity and tenacity is outstanding/ which undoubtedly supported us in securing a successful outcome of our case. I would confidently recommend Grant Stephens Family Law Practice to anyone requiring sound family law advice and exceptional representation.”


Karen Jones