What Are Matrimonial And Non-matrimonial Assets, And How Are They Split During Divorce? (3 February 2023)

• Published date: 14 July 2023
• Subject Matter: Family and Matrimonial, Family Law, Divorce
• Law Firm: Duncan Lewis & Co Solicitors
• Author: Hemna Fargi

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."

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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

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