Protecting Inheritance in Divorce: Why Later-Life Separations Require Expert Strategy

At Resolve Divorce, we’re proud to see our Partner Chanel Martin featured in The Australian, sharing her expertise on an issue growing in relevance for many Australians — how to protect inheritance and intergenerational wealth during separation or divorce.

As more Australians receive family gifts, inheritances, and distributions from trusts, it’s never been more important to understand how these assets are treated under family law — particularly for those navigating a separation later in life, when financial matters are often more complex.

In the article, Chanel offers clear guidance on three key issues:

1. What Actually Happens to Inherited Assets in a Divorce?

While many people assume that inheritances are automatically “protected,” the reality is more nuanced. In family law, inheritances can form part of the asset pool — especially if they’ve been mingled with joint finances, used to purchase family property, or accessed during the marriage. Chanel breaks down how timing, use, and intent all influence whether an inheritance is up for division.

2. Why “Grey Divorce” Can Be More Complex

Separating later in life comes with distinct financial and emotional pressures. There are often larger asset pools, complex structures such as trusts and companies, and little time to financially recover before retirement. Chanel explains that these factors make early strategic legal advice not only helpful — but essential.

3. How Financial Agreements Can Offer Critical Protection

Whether you’re entering a relationship with significant assets or have received family wealth during a marriage, Chanel strongly recommends the use of Binding Financial Agreements (BFAs). These agreements — when properly drafted — can provide clarity, protection, and peace of mind, helping to avoid costly disputes in the future.

Why This Matters

With intergenerational wealth transfer on the rise, people are increasingly looking for trusted legal guidance to safeguard what matters most. Whether you’re planning for the future or currently facing separation, Resolve Divorce offers the legal insight and personalised care required to navigate it with confidence.

Our team has particular expertise in complex financial separations, including those involving inheritances, trusts, family businesses, and “grey divorce” scenarios.

Need Advice?
If you’re unsure how a separation may affect your inheritance or want to put protections in place, our team is here to help. Book a confidential consultation with us today!