What are matrimonial and non-matrimonial assets?

The law of England and Wales recognises marriage as an equal partnership and doesn’t discriminate between ‘breadwinners’ or stay-at-home partners.  Therefore, assets which are built up by the parties over the course of their marriage will generally be considered ‘matrimonial’ or ‘marital’ assets. Matrimonial assets are subject to the principle of equal sharing, meaning that the initial starting point of the courts will be to divide such assets 50/50.  

Non-matrimonial assets, on the other hand, are not subject to the principle of equal sharing. To be considered non-matrimonial, the assets must derive from a source outside of the marriage, for example, those which were acquired prior to the marriage. 

It is important to note that even non-matrimonial assets may be divided upon divorce, if the family court would otherwise be unable to meet other party’s needs. 

If you have concerns about protecting your assets or ensuring you get your fair share, a nuptial agreement can help provide financial clarity for you and your spouse should you divorce.  

If you are considering or going through a divorce and are concerned about your financial settlement, contact Vardags today for a free initial consultation with one of our expert divorce solicitors.  

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