This term refers to property, assets and investments acquired by one or both of the parties during the marriage and to which the sharing principle applies. This sharing principle is established by case law and means equal sharing of the Matrimonial Property should be the presumption in every case unless there is a very good reason to depart from it. The Family Home even if acquired pre marriage is generally considered to be Matrimonial Property and often assets acquired pre marriage may become Matrimonial Property by virtue of the length of the marriage or the dealings between the parties. Non-Matrimonial Property may be pre acquired assets especially in the case of short marriages, possibly assets acquired by one party post separation or inheritances and gifts where they have been kept entirely separate by one party. Non-matrimonial assets may be excluded from a financial settlement unless the parties’ needs cannot be met by sharing the matrimonial assets.
This is a complex area and advice may be required to determine whether an asset should rightly be classed as ‘Matrimonial’ or ‘Non-Matrimonial’.