header-logo header-logo

29 March 2018 / Rebecca Dziobon , Laura Hughes
Issue: 7787 / Categories: Features , Divorce , Family
printer mail-detail

Non-matrimonial property: an alternative equality?

nlj_7787_hughes_0

Laura Hughes & Rebecca Dziobon provide an overview on the scope & nature of non-matrimonial property

  • If parties can prove that they have made an unmatched contribution they may be able to ringfence ‘non-matrimonial’ capital to be divided either in part or excluded entirely.

Practitioners are all too aware that there is no accepted definition of ‘non-matrimonial property’. This can become the focal point of negotiations where an equal division of capital is challenged. The debate starts once ‘needs’ have been met and there is surplus capital available to share. Reported decisions tend to relate to the more extreme ‘big money’ cases. However, the principles filter down to everyday cases and this article considers the different types of arguments for seeking a departure from equality.

Under s 25(2)(f) of the Matrimonial Causes Act 1973 the court must consider the ‘contributions’ of the parties when assessing the fair division of assets. The starting (and usually end) point is that equal contributions to a long marital partnership should mean that the ‘fruits’

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll