Matrimonial vs Non-Matrimonial Assets

Understanding Asset Classification in Divorce

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. 

Legal Context:
The classification of assets is guided by case law, including White v White, Miller v Miller, and more recently Standish v Standish, and interpreted through the lens of fairness under Section 25 of the Matrimonial Causes Act 1973.

What Are Matrimonial Assets?

Matrimonial assets are typically:

• Acquired during the marriage (including seamless cohabitation)
• Used for joint purposes or family benefit
• Owned jointly or individually but treated as shared

Examples include:

• The family home
• Joint savings and investments
• Pensions accrued during the marriage
• Businesses built together
• Vehicles, furniture, and possessions used by the family

The key principle is that these assets are subject to the sharing principle, with a starting point of 50/50 division.

What Are Non-Matrimonial Assets?

On the other hand, non-matrimonial assets are:

• Acquired before the marriage or after separation
• Received as gifts or inheritance
• Kept separate and not used for joint purposes

Examples include:

• Inherited property or money
• Premarital savings or investments
• Business interests developed independently
• Trusts or offshore assets not integrated into family finances

Non-matrimonial are not bound by the sharing principle, however it is important to note that they may still be considered if needs cannot be met from matrimonial assets alone.

Can Non-Matrimonial Assets Become Matrimonial?

Yes - through matrimonialisation. This occurs when non-matrimonial assets are:

• Used to purchase the family home
• Mixed with joint accounts
• Transferred into joint names
• Used for shared expenses or lifestyle

Once an asset is matrimonialised, it may be subject to equal sharing.

Need Expert Help?

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