Division of assets

Supporting families since 1988

Our Family Law team undertakes work in all aspects of relationship breakdown and is here to help and provide you with the highest quality of service.

Navigating the division of assets during a separation or divorce can be one of the most challenging aspects of the separation process.

At Pearl Baker Solicitors, we are committed to helping you achieve a fair and equitable resolution that safeguards your financial future.

Sharing of matrimonial assets

When dividing assets within divorce proceedings the starting point is the principle of equal sharing of the value of the matrimonial assets.

Broadly speaking matrimonial assets are those built up by the parties during the period when they have lived together which usually includes cohabitation as well as the period of the marriage, insofar as that cohabitation led seamlessly to marriage.

Matrimonial assets are considered as distinct from non- matrimonial assets or pre-marital assets which are assets either brought into the marriage by one of the parties, having been owned prior to the relationship or acquired unilaterally such as by way of gift or inheritance. This would normally exclude the matrimonial home which is treated separately.

However, the Court will depart from the principle of equal sharing of matrimonial assets insofar as it is required to meet a party’s needs and whilst “needs” is not actually defined, case law has interpreted it widely when considering what is reasonable in terms of future capital and income requirements.

The parties respective contributions to the marriage can also be taken into account when considering the fairest way to divide matrimonial assets.

In most cases it will be necessary to exchange financial disclosure prior to any settlement discussions and this is done by way of Financial Statement (Form E) In this way this ensures that both parties have a comprehensive understanding of both parties financial positions. The exchange of Form Es can take place either voluntarily or if financial proceedings are issued by either party, will be ordered by the Court.

The difference between matrimonial assets and non-matrimonial assets

Whilst all assets relating to the marriage have to be disclosed during divorce and financial proceedings, matrimonial assets and non-matrimonial assets can be treated differently by the Courts when deciding the financial split and this can make a significant difference to the outcome of proceedings.

Matrimonial assets are those built up by the parties during the marriage and generally includes cohabitation.

Pre-matrimonial assets are either:

  1. Brought into the marriage by one party having been owned prior to the relationship;
  2. Acquired unilaterally, such as gifts and inheritance.

The exception to this is the family home which is considered separately and, in principle shared equally between the parties regardless of legal ownership.

If your name is not on the Land Registry as an owner or co-owner of the family home you can apply to register your Matrimonial Home Rights and this then protects your right as the spouse of the legal owner and allows you to occupy the property pending conclusion of any financial proceedings.

Pre-marital assets are not automatically subject to equal sharing but the rules are complex. Most often the party bringing the pre-marital into the asset can retain them but if the pre-marital asset is required to meet the other spouses needs – for example to be rehoused – then it is likely that a Court will decide that they will be taken into account in the financial division.

If pre-marital assets have been intermingled with marital assets then the Court would normally regard them as matrimonial assets.

Our experienced team provides clear, practical advice tailored to your unique circumstances, ensuring that all assets—whether property, savings, investments, or pensions—are carefully considered.

With our support, you can feel confident in making informed decisions that reflect your priorities and help you move forward with stability and peace of mind. Book a consultation to find out more.

Our expert team advises on all aspects of relationship breakdown, offering unrivalled service and support. Click to book an initial consultation.

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