Matrimonial & Non-Matrimonial Resources in Divorce - A Guide to the Court’s Approach

Introduction

The process of dividing up a couple’s property and money is often the most contentious part of a divorce. In England and Wales, the law differentiates between two types of assets: those which are ‘matrimonial’ and those which are ‘non-matrimonial’. This distinction can make a significant difference to the outcome of the financial proceedings.

This webinar will explore the difference between matrimonial and non-matrimonial resources and focuses on the court’s approach to splitting assets on divorce.

What You Will Learn

This webinar will cover the following:

• The difference between matrimonial and non-matrimonial assets and how the court deals with them - an overview of the case law and principles
• The ‘special status’ of the family home
• How ‘needs trump all’ and are an ‘elastic concept’
• The circumstances in which non-matrimonial property will be invaded
• The application of the sharing principle
• Compensation cases
• The concepts of ‘mingling’ and ‘matrimonialising’ assets
• Pre-marital assets
• Post-separation assets and accrual
• A review of the first instance decision of ARQ v YAQ and its appeal in the Court of Appeal (Standish v Standish [2024])
• How to protect non-matrimonial assets in divorce using nuptial agreements
• A review of the latest nuptial agreements case law
• A checklist of how to approach cases with arguments as to non-matrimonial assets

This webinar was recorded on 9th December 2024

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