Matrimonial and Non-Matrimonial Property

When a marriage comes to an end, one of the toughest questions is often “Who gets what?”

The answer isn’t always straightforward. One of the factors to be taken into account is whether the assets in question are matrimonial or non-matrimonial, and the line between the two can sometimes become blurred.

What is Matrimonial Property?

Matrimonial property (or marital property) refers to assets acquired by either or both parties during the marriage or civil partnership.

These assets often include:

• Money earned by either spouse during the marriage
• The family home, even if owned in one name
• Joint savings or investments built up after marriage
• Pensions accrued during the relationship
• Any assets purchased with marital income

In short, anything that arises from the shared life, efforts, and partnership of the couple is usually considered matrimonial property.

What is Non-Matrimonial Property?

Non-matrimonial property covers assets that one party brings into the marriage or receives independently, and which sometimes remains theirs after divorce.

Common examples include:

• Property owned before the marriage
• Inheritances or family gifts
• Wealth that has been kept separate from joint finances

However, there is an important point to note. If such assets become intertwined with marital life, for example placed in a joint account or used for the family home, they can become “matrimonialised.” Once that happens, they may be treated as part of the pool for division.

Standish v Standish [2024]

A recent case, Standish v Standish [2024], dealt with this issue.

• The couple had been married for 15 years and had two children.
• Before the marriage, the husband’s wealth was around £57 million.
• In 2017, he transferred £77 million of assets into his wife’s name, supposedly for tax planning reasons.
• The wife was meant to set up a trust with those assets, but she never did.

When the marriage broke down, the question for the court was:

Were those transferred assets matrimonial property or not?

The Arguments

• Wife’s view: The assets were hers outright, or if not, they were part of the marital pot to be shared equally.
• Husband’s view: The assets came from his pre-marital wealth, so they should remain non-matrimonial and excluded from sharing.

The Court’s Reasoning

The court made some key points about how property becomes matrimonialised:

• The name on the title doesn’t matter. It is about how the asset was treated, not whose name is on it.
• Mixing money together matters. Once funds are pooled in joint accounts or used for shared investments, the court may treat them as jointly owned.
• The family home is special. Even if bought with non-matrimonial funds, the home where the family lived is often treated as matrimonial, though not always.

In summary

Divorce is never easy, emotionally or financially. But understanding the difference between matrimonial and non-matrimonial properties can make the process a little clearer.

• In reality, the boundary is rarely black and white. Courts do not just look at where the money came from, they look at how it was used, shared, and treated during the marriage.
• If non-matrimonial assets become part of the shared marital life, they may lose their separate status altogether.

Another point to note is that these arguments are often more important in high value divorces. For average divorce cases the Court’s main concern will be the parties’ needs so the distinction may be less important in those cases.

Here at BULAC we can advise on family matters. If you would like an appointment please call 01248 388411 or email bulac@bangor.ac.uk