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We set out what assets might be defined as non-matrimonial and what you can do to prevent them being shared on divorce.
Jul 14, 2022 · This guide explores the difference between the two and the court’s approach to splitting assets on divorce. We will also consider the various ways in which you can protect non marital assets following a marital breakdown.
When you divorce or end a civil partnership you and your ex-partner need to agree how to separate your finances. This includes deciding how you’re going to divide: pensions; property; savings ...
Jan 14, 2020 · Do I have to share non-marital property on divorce? Once there has been full and frank financial disclosure during divorce proceedings and it can be identified which of the assets are non-marital property, the next step is to consider whether or not there would be enough in the “marital pot” to meet the parties’ needs on divorce.
- Property Acquired After Separation But Before Divorce
- Example Cases of Post-Separation Divorce Assets
- Active V Passive Growth
- Remuneration Received Post–Separation e.g. A Bonus
- Inheritance After Separation But Before Divorce
- No Distinction and Needs
Whilst one party may view post-separation assets as forming part of the matrimonial pot, the other may see these assets as being earned solely due to their hard work following separation and that they should therefore be ring-fenced from any sharing as non-matrimonial property. As with many issues in financial proceedings, the treatment of these as...
One of the leading cases in this area, is Rossi v Rossi [2006] EWHC 1482. In this case, Mr Mostyn QC set out several principles in regard to the treatment of post-separation assets. It was established that an asset that has been acquired post the parties’ separation, may be treated as non-matrimonial property (i.e. ringfenced), if it can be said th...
Distinguishing between the growth of an asset which is as a result of the personal industry of one of the parties, (in this context roughly referring to active growth) and the increase in value of an asset, which is not attributable to the particular actions of the owner (passive growth), is key. In Rossi, Mostyn QC held that passive economic growt...
In Rossi, Mostyn J, suggested that a bonus should only be characterised as non-matrimonial where it related to a period commencing at least 12 months after separation and this was reiterated in the more recent case EvL [2021] EWFC 60. Some argue that this goes against the Court of Appeal decision in Waggot v Waggot [2018] EWCA Civ 727that future ea...
The distinction between whether an asset is matrimonial or not as we have seen is not always black and white. Assets which you owned before the marriage can turn from being non-matrimonial to matrimonial over time. This happens if they are pooled with other joint funds or transferred into joint names (the word used by the courts is “mingling”). An ...
Other cases involving divorce assets post-separation have gone further to remove a strict delineation between matrimonial and non-matrimonial property, including CR v CR [2007] EWHC 3334, which encouraged a broad view of viewing assets as part of a financial continuum with fewer strict distinctions between what could be attributed to one party or t...
Oct 19, 2020 · Matrimonial assets will, by their nature, be shared between spouses during divorce proceedings – no matter where the money came from or who earned it in order to fund them. This doesn’t mean that they will automatically be split equally, however.
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Oct 25, 2023 · The law in England and Wales states that assets acquired during the marriage are available to be shared in the event of a divorce. What are non-matrimonial assets? Non-matrimonial assets are assets that were owned by one party before the marriage or acquired after separation and have been kept separate from any matrimonial assets. This might ...
