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 pre-recorded webinar will be available to view from Monday 6th January 2025
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