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?
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.
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.
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.