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Jan 2, 2024 · In divorce proceedings, the distinction between matrimonial and non-matrimonial assets is pivotal in determining how property is divided. A proper understanding of these terms can influence the outcome of a divorce settlement.
What are non-matrimonial assets in divorce, and can I prevent them being shared? In essence, non-matrimonial assets within a divorce can be described as those things you acquired before getting married, or after you separated. Although it can also include assets acquired during the marriage.
Jun 24, 2022 · The short (and very lawyer-like) answer is: not necessarily. Some non-matrimonial assets may be excluded from the divorce settlement, but this is not an automatic right. Each case must be considered on its own facts and assessed on the basis of fairness.
Jan 21, 2021 · Where an inheritance is received by one party going through the process of divorce then the Court would consider this a non-matrimonial asset, and this would therefore not be included in the marital pot.
- What’s The Difference Between Matrimonial and Non-Matrimonial Assets?
- Division of Assets in A Divorce
- Protecting Your Assets During A Divorce
- How We Can Help
In a divorce, there are two types of assets that you may need to divide – matrimonial and non-matrimonial assets. The distinction between ‘matrimonial and non-matrimonial’ assets has its origin in the speech of Lord Nicholls in the case of White: “… property owned by one spouse before the marriage, and inherited property whenever acquired, stand on...
Matrimonial and non-matrimonial assets are both considered when agreeing on a Financial Settlement between you and your partner. The Financial Settlement is an official agreement that ensures both parties receive a fair share of the family’s finance after the divorce.
If you believe that some of your assets should be considered non-matrimonial and should not be included in the division of finances, you can make a request to the court to have them excluded from the settlement. Assets that could be considered non-matrimonial could include: 1. Inheritance received after the separation 2. Property you owned before t...
At Witan Solicitors, we are experienced in dealing with all aspects of family and financial issues during a divorce. We can talk you through the intricacies involved in the division of both matrimonial and non-matrimonial assets and will protect your interest as you seek a fair settlement. If you would like to discuss any aspect of financial procee...
Oct 19, 2020 · As well as pension plans, investments, savings and high-value possessions, non-matrimonial assets can include inheritance, family businesses and property purchased in your own name, rather than jointly with your spouse.
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How to work out splitting up money, property and possessions when you divorce or dissolve a civil partnership - including mediation.
