At Amicus Law Solicitors, we specialise in providing clear, expert advice on divorce and financial settlements for clients across the South West – including Exeter, Bridgwater, Wellington, Minehead, Yeovil, Martock, Ilminster, Taunton, and Weymouth.
One of the most common concerns when separating is which assets must be shared. Can you keep what’s in your sole name, or will everything be split equally? A recent Supreme Court case has brought new clarity to this issue.
Matrimonial vs Non-Matrimonial Assets
When couples divorce or dissolve a civil partnership, all financial matters can be resolved – either through amicable agreement (a Consent Order) or court proceedings (a Financial Remedy Order). It is unwise to take no action.
The Supreme Court’s recent Standish (Standish v Standish) case confirmed that:
Matrimonial assets (joint assets) are typically shared equally.
Non-matrimonial assets (e.g. pre-marriage property, inherited wealth, gifts) (in one person’s sole name) will not be shared – unless they’ve been “matrimonialised”. Or subject to the needs principle (see below) .
Understanding the Sharing Principle
The sharing principle generally applies to assets acquired or used during the marriage. However, if one party owned an asset before the marriage, or received it via inheritance or gift, and kept it separate, it is not automatically shared.
Examples:
Scenario A – Non-Matrimonial:
A husband owns a rental property purchased before the marriage. The income is saved in his sole account and not used in the relationship. This remains a non-matrimonial asset and is not subject to sharing.
Scenario B – Becomes Matrimonial:
A wife inherits £100,000 before marriage and uses it to pay down the mortgage on the family home. This has now been matrimonialised and is subject to sharing.
Scenario C – Retained Non-Matrimonial:
The wife keeps the £100,000 inheritance in a separate account, never used during the marriage. This remains non-matrimonial and is excluded from sharing.
The Needs Principle
Even if an asset is technically non-matrimonial, it may still be shared (not automatically under the sharing principle) if one party’s needs require it. This includes situations where one person earns significantly less or is the primary carer for children.
Examples:
The court may order the sale of a non-matrimonial rental property to ensure the other spouse has adequate housing.
Cash assets may be reallocated if needed to purchase a new home, particularly if minor children are involved.
This approach helps ensure fairness, as this may not be equality.
Why It’s Important to Seek Expert Legal Advice
If you’re going through a divorce in Exeter, Bridgwater, Wellington, Minehead, Yeovil, Martock, Ilminster, Taunton or Weymouth, it’s crucial to seek expert advice on:
- Whether assets are matrimonial or non-matrimonial
You may think you’re entitled to a share – or think you’re not – but legal definitions and usage of assets during marriage can significantly change outcomes.
- Whether your needs justify a greater share
Even if an asset is included or excluded from the sharing principle, your needs may require a different distribution. This means your case may not be 50/50.
It is outside the scope of this article to discuss pensions and their division and spousal maintenance, also known as periodical payments.
Contact Amicus Law Solicitors Today
Divorce is never easy, but we’re here to help. With family law specialists in offices across Somerset, Dorset, and Devon, we provide reliable, personalised legal advice and support on all aspects of financial settlements.