Non-matrimonial assets in divorce

Distinguishing between matrimonial and non-matrimonial assets is key, as whether an asset is deemed matrimonial will likely affect your finance settlement.  

What is a non-matrimonial asset?

Non-matrimonial assets are those owned by one of the parties, deriving from a source outside of the marriage. This includes premarital assets, those acquired post-separation, gifts, and inheritance which has not become matrimonialised. ‘Matrimonialisation’ refers to the process of a non-matrimonial asset becoming matrimonial, due to the parties’ treatment of it during the marriage. How the assets have been held and made use of by the parties is therefore extremely important and relevant for the court to consider when exercising its discretion upon division. 

Are non-matrimonial assets shared in divorce?

The fact that an asset was acquired from a source outside the marriage does not automatically exclude it from the court’s overarching goal of achieving a fair outcome for both parties. Where the court is unable to meet both parties’ needs without access to non-matrimonial assets, they may ‘invade’ such assets.  

As per Hart v Hart [2017] EWCA Civ 1306, there is no specific one-size-fits-all approach to non-matrimonial assets. Generally though, non-matrimonial assets will not be subject to the principle of equal sharing. Except for those limited circumstances where access to non-matrimonial assets is necessary to meet the parties’ needs, the invasion of non-matrimonial assets “would be as rare as a white leopard” (Mostyn J, JL v SL (No 2) (Appeal: Non-Matrimonial Property) [2015] EWHC 360 (Fam)).  

If you are considering or going through a divorce and are concerned about whether your assets, or your spouse’s, would be deemed non-matrimonial, contact Vardags today for a free initial consultation with one of our expert divorce solicitors.  

BOOK FREE CONSULTATION