Financial arrangements are often one of the most complicated parts of divorce. In some families things are more complex still as a distinction may need to be drawn between matrimonial and non-matrimonial assets.
This might mattAdrianer as it might mean that some assets are treated differently and may be protected and claims against them restricted or prevented. If so, this may have an impact on the terms of any financial settlement and how assets and resources are divided between spouses.
What are matrimonial assets?
Generally, matrimonial assets are assets and resources built up during the marriage or for the benefit of the family and that have been used for the family.
Examples of matrimonial assets
Common examples of matrimonial assets include:
- The family home
- Other properties acquired during the marriage and used for the benefit of the family
- Savings and investments
- Pensions built up during the marriage
Are all assets acquired during marriage matrimonial assets?
Not necessarily. The circumstances surrounding how an asset came into being and if and how it was used can matter. If the asset has always been treated and kept separately by one spouse or the other, it may not be matrimonial.
What are non-matrimonial assets?
Non-matrimonial assets may include assets acquired before the marriage or received during the marriage through inheritance or gift or created by one spouse without involvement or contribution by the other.
Examples of non-matrimonial assets
Common examples of non-matrimonial assets include:
- Property owned before the marriage
- Inheritances
- Gifts received individually
- Savings accumulated before marriage
- Certain business interests
- Assets acquired after separation
However, the treatment of each asset depends on the individual circumstances and its context.
What is the difference between matrimonial and non-matrimonial assets?
The Law was clarified in the case of Standish v Standish (2025). What are matrimonial and non matrimonial assets is now more straightforward but still needs careful consideration based on the circumstances of each family and case.
The general principles are shown below:
| Matrimonial Assets | Non-Matrimonial Assets |
|---|---|
| Generally built up during the marriage | Often acquired before or outside the marriage |
| May include the family home, savings and pensions | May include inheritances and pre-marital assets |
| Usually considered within the financial settlement | May be treated differently, depending on circumstances |
| Can be divided or shared as part of the settlement | May still be taking into account by the court |
Are non-matrimonial assets included in a divorce settlement?
Non-matrimonial does not necessarily mean “protected” or automatically excluded from a financial settlement. Even if an asset is non-matrimonial, it can still be shared or transferred as part of a financial settlement.
A non-matrimonial asset may become relevant and part of a settlement when:
- The needs of either spouse require it to be included
- The needs of any children require it to be included
- The asset has been used for the benefit of the family (it has become “matrimonialised”)
- The asset has become mixed with matrimonial assets (“matrimonialised”)
Can an inheritance be included in a divorce settlement?
An inheritance may sometimes be treated as non-matrimonial but can still become relevant to the overall financial settlement. This again depends on the context, which might include:
- When the inheritance was received
- Whether it was kept separate
- Whether it was used towards the family home
- Whether it was used for family expenses
- The needs of the parties and children
Is property owned before marriage a matrimonial asset?
Pre-marital property may sometimes be treated as non-matrimonial but can still become relevant to the overall financial settlement. This again depends on the context, which might include:
- How the property was owned before the relationship or marriage
- Whether the property became the family home
- Whether the other spouse contributed financially, for example, mortgage payments and improvements
- Whether the property has increased significantly in value
- The needs of parties and the children
What happens if matrimonial and non-matrimonial assets have been mixed?
The legal nature – whether an asset is matrimonial or non-matrimonial – can change. Non-matrimonial assets can become matrimonial. This is known as “matrimonialisation”. This commonly happens when different types of assets are mingled or mixed together and used for the benefit of the family.
Examples could include:
- Using an inheritance to buy or improve the family home
- Transferring pre-marital savings into a joint account
- Using an inherited property as the family home
- Combining pre-marital and marital savings
- Using income generated by assets for the benefit of the family
If you wish to protect assets on divorce, it’s important to be able to prove how they’ve been treated and why.
How are assets divided on divorce?
The principles the court considers when determining a financial settlement, include:
- The needs of any children
- The income and earning capacity of each spouse
- Property and other financial resources
- The financial needs of the spouses
- The standard of living
- The age of each party
- The duration of the marriage
- Contributions
- Any relevant circumstances
The decisions of the Courts guide how these principles are applied to achieve a fair outcome based on the circumstances of the family, rather than simply categorising every asset and ring fencing that for one spouse or sharing it between them.
How can a financial settlement protect non-matrimonial assets?
To prove that an asset is non-matrimonial, it will help to establish the nature and history of an asset. It’s important therefore:
- To keep records of when an asset was acquired
- To retain evidence of inheritances and gifts
- To keep pre-marital assets identifiable
- To obtain valuations where appropriate
- To maintain financial records
- To take legal advice before transferring or selling significant assets
These, however, won’t guarantee that an asset will be excluded from a settlement. This depends on the other matters mentioned above too.
How can Timms Solicitors help with matrimonial and non-matrimonial assets?
Understanding which assets are matrimonial and which are non-matrimonial can be an important part of reaching a fair financial settlement on divorce. However, the distinction is not always straightforward, and non-matrimonial assets may still be relevant when determining how finances should be divided.
At Timms Solicitors, our experienced private family law team can provide clear, practical advice about your financial position and help you understand how your assets may be treated. We can advise on a wide range of assets, including the family home, other property, savings, investments, pensions, businesses, inheritances and assets acquired before or during the marriage.
We can help you to:
- Identify and assess your matrimonial and non-matrimonial assets.
- Understand how your individual circumstances may affect the financial settlement.
- Consider the treatment of inherited or pre-marital assets.
- Negotiate a fair financial settlement with your former spouse.
- Advise on the appropriate financial order, including a clean break order where suitable.
- Represent you in court proceedings if an agreement cannot be reached.
Please contact us on freephone 0800 011 6666 or at legal@timms-law.com.
Our aim is to help you achieve a fair and legally secure financial settlement while keeping you informed at every stage.
If you are getting divorced and are unsure how your assets may be treated, our team can provide advice tailored to your circumstances.
Frequently Asked Questions
What is considered a matrimonial asset?
Matrimonial assets are generally assets acquired during the marriage, such as the family home, savings, investments and pensions. Their treatment depends on the individual circumstances.
What is considered a non-matrimonial asset?
Non-matrimonial assets are generally assets acquired before marriage or received individually through inheritance or gift. However, they may still be considered in a financial settlement.
Are non-matrimonial assets protected on divorce?
Non-matrimonial assets are not automatically protected on divorce. The court may take them into account depending on factors including financial needs, children and the overall resources available.
Is an inheritance a matrimonial asset?
An inheritance is sometimes considered a non-matrimonial asset, particularly if it was kept separate. However, it may still be relevant to the financial settlement depending on the circumstances.
Is a house owned before marriage a matrimonial asset?
A property owned before marriage may be considered non-matrimonial. However, if it becomes the family home, its value and how it has been used may affect how it is treated on divorce.
Can my spouse claim assets I owned before marriage?
Yes. Assets owned before marriage are not automatically excluded, but they may be taken into account when reaching a financial settlement, particularly where one party has significant financial needs.
Does a 50/50 split apply to all assets on divorce?
No. There is no automatic requirement to divide every asset or all of them 50/50. The court considers the circumstances of the marriage and the financial needs and resources of both parties and their children.
How are assets divided in a divorce?
Assets are divided based on the circumstances of the case, including income, property, pensions, financial needs, contributions and the needs of any children.
Can my spouse claim against my business on divorce?
A business may be considered as part of the financial settlement. The court will consider its value, the circumstances in which it was established and the financial needs of both parties.
Do pensions count as matrimonial assets?
Pensions form part of a divorce financial settlement. Depending on the circumstances, a pension sharing order may be used to divide pension benefits between spouses.
What happens to assets acquired after separation?
Assets acquired after separation are not automatically excluded from a financial settlement. Their treatment will depend on factors such as when they were acquired and the circumstances of the parties.
Can I protect my assets before getting married?
A prenuptial agreement can help set out how assets should be treated if the marriage ends. While not automatically legally binding in England and Wales, courts may give appropriate agreements significant weight.
