A guide to protecting non-matrimonial assets in divorce

A key consideration in any divorce is how to divide your assets. Assets which are acquired or built up during the marriage (matrimonial or marital assets) are generally divided equally. But what if you came into the marriage with significant premarital wealth or received a substantial inheritance before or after your separation? You may feel that it is unfair for these assets to be divided at all and you may want to protect them in the event 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 guide explores the difference between the two and the court’s approach to splitting assets on divorce. We will also consider the various ways in which you can protect non marital assets following a marital breakdown.

What are matrimonial assets?

Matrimonial or marital assets are those which you and your spouse built up during the marriage. This may include:

• The family home;
• Other real estate;
• Pensions;
• Savings;
• Vehicles;
• Furniture and other contents;
• Stocks and bonds;
• Businesses.

When you’re married the law in England and Wales considers that any assets you acquire during the marriage are available to be shared on divorce. Whether...

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