Non-matrimonial assets in divorce ================================= What Are Non-Matrimonial Assets in Divorce? ------------------------------------------- In UK divorce proceedings, the distinction between matrimonial and non-matrimonial assets plays a crucial role in financial settlements. Non-matrimonial assets are typically those acquired outside the marriage, such as: - Property owned before the marriage - Inheritance received by one party - Gifts given to one spouse - Assets acquired after separation These assets are not automatically excluded from division, but courts generally treat them differently from matrimonial assets. Can Non-Matrimonial Assets Be Shared in Divorce? ------------------------------------------------ The court's primary aim is to achieve a **fair outcome**. 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. If matrimonial assets are insufficient to meet both parties' needs, the court may consider "invading"non-matrimonial assets. #### **Key case law:** As per [*Hart v Hart* \[2017\] EWCA Civ 1306](https://www.bailii.org/ew/cases/EWCA/Civ/2017/1306.html), 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)](https://www.bailii.org/ew/cases/EWHC/Fam/2015/360.html)). > What Is Matrimonialisation? --------------------------- refers to the process by which a non-matrimonial asset becomes matrimonial due to how it is used during the marriage. For example: - Using inherited funds to buy the family home - Mixing personal savings with joint accounts - Transferring sole-owned property into joint names Once an asset is matrimonialised, it may be subject to division. 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. How Do Courts Decide? --------------------- Courts consider several factors: - Source of the asset - How it was used during the marriage - Whether it was kept separate or mingled - The financial needs of both parties There is no rigid formula. Each case is assessed individually, with fairness and need as guiding principles. ### **Need Expert Advice?** If you're concerned about how your assets may be treated in a divorce, speak to one of our expert solicitors today. We offer a **free initial consultation** to qualifying individuals. [BOOK FREE CONSULTATION](https://vardags.com/contact "BOOK FREE CONSULTATION") About Us -------- Ayesha VardagFounder & President "A DIVORCE LAWYER WIDELY REGARDED AS ONE OF THE WORLD'S BEST" The Metro Vardags offer a unique approach to the law, specially tailored to the needs of HNW individuals. We offer City-quality representation for your divorce and family law needs. Our lawyers come from the very best universities and receive the very best training - they are determined, diligent, and dedicated to getting the best outcome... [read more](https://vardags.com/about-us) [BOOK FREE CONSULTATION](https://vardags.com/contact) Related Guides -------------- [Are Gifts Matrimonial Assets in Divorce?](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/are-gifts-matrimonial-or-non-matrimonial "Are Gifts Matrimonial Assets in Divorce?") [Are premarital assets protected in divorce?](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/premarital-assets "Are premarital assets protected in divorce?") [Matrimonial Assets in Divorce](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/matrimonial-assets-in-divorce "Matrimonial Assets in Divorce") [Matrimonialisation of Assets in Divorce](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/matrimonialisation-of-assets "Matrimonialisation of Assets in Divorce") [Post-separation accrual - what happens to wealth accumulated after separation?](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/post-separation-accrual "Post-separation accrual - what happens to wealth accumulated after separation?") [The Matrimonial Home in Divorce](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/the-matrimonial-home-in-divorce "The Matrimonial Home in Divorce") [Matrimonial vs Non-Matrimonial Assets](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/what-are-matrimonial-and-non-matrimonial-assets "Matrimonial vs Non-Matrimonial Assets") The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you. OUR LEADERSHIP TEAM ------------------- [### Ayesha Vardag](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family") [### Stephen Bence](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO") [### David Lister](https://vardags.com/solicitors/london/david-lister "David Lister") [Founder & President](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family") [Chief Executive Officer](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO") [Senior Partner and Head of London Family - Divorce & Family](https://vardags.com/solicitors/london/david-lister "David Lister") [### Ayesha Vardag Founder & President ](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family")"Ayesha Vardag - Britain's top divorce lawyer." The Telegraph [### Stephen Bence Chief Executive Officer](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO")"Dr Stephen Bence is a financial genius." Lewis Marks KC [### David Lister Senior Partner and Head of London Family - Divorce & Family ](https://vardags.com/solicitors/london/david-lister "David Lister")"Brilliant with a real spark which clients love" Legal 500 [Meet the rest of the team](https://vardags.com/team) [Vardags climbs ranks of UK's biggest firms in The Lawyer's UK 200](https://vardags.com/posts/vardags-london-climbs-ranks-of-uks-biggest-firms-in-the-lawyers-uk-200)