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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


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matrimonial and non matrimonial assets

  • cocoa1
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06 Aug 12 #347726 by cocoa1
Topic started by cocoa1
Hi, my husband and I (non EU) have decided to separate recently after 12 years of marriage. I would like to ask urgently about matrimonial and non matrimonial assets. I have some cash on my sole account from UK bank and also savings on three different bank accounts with my Maiden Name in my country. All of which are gifts from my parents and given before our marriage. Is it considered to be matrimonial or non matrimonial assets? When you disclose your finance, do I need to include details of bank accounts with my maiden name abroad too?

  • Fiona
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06 Aug 12 #347751 by Fiona
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Yes you need to disclose the value of any assets held in joint or sole names and they all go into the matrimonial pot. However, depending on the particular circumstances sometimes an asset might be considered non-matrimonial and removed from the pot before the rest of the assets are shared.

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07 Aug 12 #347813 by cookie2
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Yes as Fiona says, there is no such thing in England & Wales as "non matrimonial assets". If you are married then everything is matrimonial and everything goes into the pot. However that does not necessarily mean it comes out of the pot 50/50. You may be able to put forward a case that you should keep these assets. If you do then you might have to give your ex more of the other assets. It really depends on the overall financial picture. You can''t look at one piece in isolation.

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07 Aug 12 #347839 by amefbi
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If you have a property abroad from Inheritance and documents clearly stating it cant be forced and never will be part of ''matrimonial assets'' under the abroad laws, how can this go in the pot then in UK.

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