What Is 'Matrimonial Property'?

• Published date: 05 April 2024
• Law Firm: Ellisons Legal
• Author: Elizabeth Burns

There are a number of misconceptions around what does and doesn't constitute 'Matrimonial Property', which can make it confusing both for couples intending to marry, and for those whose marriage has sadly broken down. 'Matrimonial Property' can be difficult to define, and an online search is likely to provide conflicting answers, which may leave you unsure as to how best to proceed.

Whilst you may think that keeping assets or capital in your sole name prevents it from becoming matrimonial property, this is not correct, and maintaining separate finances is not enough to ensure that your spouse will not be able to make a claim against your property in the event of separation.

There are some things that may potentially be considered 'Non-Matrimonial Property', such as inheritance, or assets acquired by one party prior to the marriage or after separation. However, this is not guaranteed and should not be relied upon. The court can take into consideration any and all assets in both parties' names when looking to ensure that both of your needs are met following separation. This includes properties, pensions, business interests, and capital, regardless of when these were acquired.

Both parties' debts will also need to be taken into consideration, and even if a debt pre-dates the marriage, it is one of the...