Non-matrimonial property: an alternative equality?

• If parties can prove that they have made an unmatched contribution they may be able to ringfence ‘non-matrimonial’ capital to be divided either in part or excluded entirely.

Practitioners are all too aware that there is no accepted definition of ‘non-matrimonial property’. This can become the focal point of negotiations where an equal division of capital is challenged. The debate starts once ‘needs’ have been met and there is surplus capital available to share. Reported decisions tend to relate to the more extreme ‘big money’ cases. However, the principles filter down to everyday cases and this article considers the different types of arguments for seeking a departure from equality.