How Non-Matrimonial Wealth Is Treated By The Courts

Although non-matrimonial wealth may be considered in needs cases, this is not an absolute certainty, and each case is decided on its facts.  

A famous case considered non-matrimonial wealth in the context of divorce proceedings: White v White [2000] UKHL 54.

In this case, the court had to determine whether the other party was entitled to a share of non-matrimonial wealth. 

As stated above, the court confirmed that parties should generally be allowed to keep their non-matrimonial property unless there are insufficient resources to provide for their needs.

If there are insufficient resources and the court does need to look towards using non-matrimonial wealth, then the court will take the approach as set out in Rossi v Rossi [2006] EWHC 1482 (Fam):

"The court will decide whether it [non-matrimonial property] should be shared and in what proportions. In so deciding it will have regard to the reality that the longer the marriage the more likely non-matrimonial property will become merged or entangled with matrimonial property. By contrast, in a short marriage case, non-matrimonial assets are not likely to be shared unless needs require this."

Consequently, how non-matrimonial wealth is dealt with is entirely fact-specific and depends on the circumstances of each case.

The use of non-matrimonial wealth depends on each party's amount, needs and resources, the length of the marriage, and the extent to which the parties kept their individual wealth distinct from the joint matrimonial resources during the marriage.