Matrimonial & Non-Matrimonial Resources in Divorce - Tips, Guidance & Caselaw

Introduction

The process of dividing up a couple’s money and property is often the most contentious part of a divorce, and 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 virtual classroom seminar explores the differences and focuses on the court’s approach to splitting assets on divorce. It will consider how the courts treat inherited assets, pre-marital acquisition, post-separation assets, businesses, and bonuses awarded after separation and examine the extent to which these can be ‘ring-fenced’ in a financial settlement. How nuptial agreements can be used to protect non-matrimonial assets will also be considered, as well as providing practical advice, tips, and guidance on how to approach cases where arguments as to matrimonial and non-matrimonial property arise.

This live session will examine the statutes and case law, including the 2023 decisions of CG v SG, CG v DL, and DR v UG.

What You Will Learn

This live and interactive course will cover the following:

• A look back at the principles of needs, sharing, and compensation
• Understanding the difference between matrimonial and non-matrimonial assets and how the court deals with them
• The ‘special status’ of the family home
• When non-matrimonial property will be invaded
• How the court deals with special contributions
• Post-separation assets and accrual
• The treatment of inherited assets
• Relevant case law
• Practical guidance on how to approach a case where arguments as to matrimonial and non-matrimonial property may arise
• Nuptial agreements can protect non-matrimonial assets in divorce

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.