Properties and Investments

In England, the courts have a wide discretion when it comes to dividing assets on divorce. However, there are certain principles that the courts will typically take into account. Firstly, the court will look at the needs of each party and any children involved. This includes things like accommodation, income and outgoings. Secondly, the court will look at the financial contribution each party has made during the marriage. This could include things like earnings, property ownership or savings. Finally, the court will consider any factors that would cause hardship to either party if an order was not made in their favour. This could include things like illness, disability or caring responsibilities.

If you’re considering getting a prenuptial agreement (or “prenup”), you may be wondering if it can help protect your matrimonial assets in the event of a divorce. The answer is: possibly.

Under English law, there is no such thing as “matrimonial property” or “matrimonial assets.” Instead, the court will look at all of the couple’s assets and decide how to divide them fairly between the husband and wife. This includes both financial assets (such as savings and investments) and physical belongings (such as the family home and furniture).

However, a prenup can be used to protect certain assets from being divided in a divorce. For example, you could use a prenup to keep your inheritance or personal savings separate from your joint marital finances. Or, if you own a business, you could use a prenup to make sure that your business assets are protected in the event of a divorce.

Of course, it’s important to remember that a prenup is only valid if it’s been entered into willingly and without pressure from either party. If there’s any doubt about whether either party agreed to the terms of the prenup, then the court may not enforce it.

So if you’re thinking about getting a prenup, it’s important to seek legal advice to make sure that it will actually achieve what you want it to achieve.

In a divorce, the court will consider all of the factors involved in deciding how to divide the property, including:

• The value of the property
• How the property was acquired
• Whether one spouse contributed more to its acquisition or improvement
• Whether the property is income-producing
• The needs of each spouse and any children of the marriage
• The standard of living during the marriage
• The age and health of each spouse
• Any special circumstances (e.g., one spouse gave up a career to care for the home and family)

The court will also consider any debts associated with the property. In some cases, it may order that the property be sold and the proceeds divided between the spouses.

In a divorce, the court will typically order an “equalization of net family property”. This means that each spouse will get half of the value of the assets and liabilities accumulated during the marriage. However, there are some exceptions to this rule.

For example, if one spouse owned a property before the marriage, and the other spouse contributed to its upkeep or improvements during the marriage, the court may order that each spouse receive a share of the increased value of the property. Similarly, if one spouse inherited property or received it as a gift during the marriage, and the other spouse contributed to its upkeep or improvements, the court may again order that each spouse receive a share of the increased value of that property.

Another exception to equalization occurs where one spouse has significantly greater income-earning capacity than the other. In such cases, the court may award a larger share of total assets to the lower-earning spouse in order to help them maintain their standard of living after divorce.

Of course, these are just general guidelines – every divorce is different and ultimately it is up to a judge to decide what is fair in each individual case. If you are going through a divorce and have questions about how your assets will be divided up, it is best to speak to a lawyer who specialises in family law.