header-logo header-logo

Non-matrimonial property: an alternative equality?

29 March 2018 / Rebecca Dziobon , Laura Hughes
Issue: 7787 / Categories: Features , Divorce , Family
printer mail-detail
nlj_7787_hughes_0

Laura Hughes & Rebecca Dziobon provide an overview on the scope & nature of non-matrimonial property

  • 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.

Under s 25(2)(f) of the Matrimonial Causes Act 1973 the court must consider the ‘contributions’ of the parties when assessing the fair division of assets. The starting (and usually end) point is that equal contributions to a long marital partnership should mean that the ‘fruits’

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll