header-logo header-logo

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

Non-matrimonial property: an alternative equality?

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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll