Family Solicitors

One of the most contentious parts of a divorce is the division assets. To understand the process it is essential to get familiar with the different types of assets, particularly with regard to distinguishing between matrimonial and non-matrimonial assets because the court applies the sharing principle to the division of matrimonial property, with the starting point being an equal division of those assets between the parties.

The distinction between matrimonial and non- matrimonial assets was first defined in the case of White and White. Lord Nicholls said, “… property owned by one spouse before the marriage, and inherited property whenever acquired, stand on a different footing from what may be loosely called matrimonial property. According to this view, on a breakdown of the marriage these two classes of property should not necessarily be treated in the same way.”



In simple terms:

Matrimonial Assets

Matrimonial assets are assets acquired during the course of the marriage by you, and your partner. They can also be assets acquired during any time you lived together before you were married, known as pre-marriage cohabitation. Common examples are:

• The family home


• Pension


• Savings and current accounts


• Investments, endowments, insurance policies


• Personal belongings – vehicles, jewellery, furniture, art


• Any other assets – for example share options, trust interests


• Any asset that is likely to be received in the foreseeable future


• Debts, including loans, credit cards and overdrafts

Non-Matrimonial Assets

Non-matrimonial assets are financial assets acquired by you or your spouse before your marriage or after your divorce. However, it is not always easy or straightforward to agree on what assets are considered non-matrimonial. Some examples are:

• Gifts


• Inheritance


• Capital acquired through earnings or investments

Pre acquired assets

These assets are not the product of marital endeavour. Such as properties bought by either you or your partner before marriage or cohabitation.
Identifying the different assets is important in financial proceedings. However, the extent to which this will be appropriate will depend on the facts of each individual case and two essential factors; the needs of the parties and the way the non-matrimonial assets have been dealt with by the parties during the marriage. Needs are the overriding factor, and therefore the court can take into consideration non-matrimonial assets to ensure needs are met. However, as confirmed by the Court of Appeal in Hart v Hart [2017] EWCA Civ 1306, the sharing principle applies with limited or no force to non-matrimonial assets.

Arguments regarding non-matrimonial property can be complex and difficult to make. The most important thing to do in order to protect non-matrimonial assets is to enter into a pre-nuptial agreement before getting married. Alternatively, the non-matrimonial assets should be kept entirely separate from the marriage. Although, as mentioned, the caveat to this is that the court can always have recourse to non-matrimonial assets to meet the other spouse’s needs.

If you require advice and assistance in understanding matrimonial and non-matrimonial assets in the event of a divorce, do not hesitate to contact us.

About the author: Hemna Fargi is an experienced solicitor who has worked on numerous cases, including high net worth divorces, and matters involving substantial and often complex capital assets, including overseas assets, pensions and trusts, which require complex financial solutions. Hemna aims to provide clients with straightforward advice and is committed to providing practical solutions during times of great personal stress and challenge, and helping clients resolve disputes out of court if possible.

For advice in any separation matter, contact Hemna via email at HemnaF@duncanlewis.com or via telephone on 020 7923 8523.

Watch the video with Chartered Legal Executive and supervisor Amanda Willmore, who has wide ranging experience in family law and all matters relating to divorce and separation, in particularly in respect of clients with a high net worth.



For advice on any divorce or separation matter contact her via email at AmandaJ@duncanlewis.com or via telephone on 020 7014 7305.

For more information about our specialist team follow the link High Net Divorce Team.

Duncan Lewis is an award-winning Times Top 200 law firm, which is ranked as Top Tier by both the Chambers and Partners and Legal 500 directories. The company represents clients in more than 25 practice areas across 13 key offices nationwide.