Life, love and the law

What counts as matrimonial property in divorce?

• Stowe Family Law • Season 2 • Episode 8

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0:00 | 23:06

šŸŽ™ļøWhat counts as matrimonial property in divorce?šŸŽ™ļø

Is everything split 50/50 in divorce? Well, sometimes! But most of the time, it’s not quite as black and white as that. In financial settlement discussions, separating couples and their lawyers need to understand what is ā€˜matrimonial’ and ā€˜non-matrimonial’, who gets what and is it a fair division based on the needs of each person.

In this episode, Liza and her colleague Emily discuss what actually counts as matrimonial property, i.e. assets that are available for division, and what happens to ringfenced assets. They talk about the Supreme Court judgment in Standish v Standish and changing case law on ā€˜matrimonialisation’, reminding listeners that whatever happens, you will not be left destitute.

00:18 Introductions

1:05 What is matrimonial property and how does it work in divorce settlements?

03:31 How are pensions considered in divorce?

04:56 A discussion of inheritance and financial gifts in divorce settlements

06:17 Can businesses be ringfenced?

08:03 A discussion of Standish v Standish and laws around matrimonial property and ringfencing

12:36 Protecting assets going into or within a marriage

14:35 The importance of fairness in divorce settlements

18:02 Red flags in discussions with your ex

20:55 Protecting your long term financial future

Does the law on finances in divorce need to be reformed? https://www.stowefamilylaw.co.uk/stowe-support/divorce-finance-reform/

Is everything split 50/50 in divorce? https://www.stowefamilylaw.co.uk/stowe-support/is-everything-split-50-50-in-divorce/ 

What is a financial settlement and how does it work? https://www.stowefamilylaw.co.uk/stowe-support/what-is-a-financial-settlement-and-how-does-it-work/ 

What am I entitled to in a divorce settlement? https://www.stowefamilylaw.co.uk/stowe-support/what-am-i-entitled-to-in-a-divorce-settlement/ 

How to prepare for your financial settlement https://studio.youtube.com/video/4x4oKDCwDWg/edit 

How is inheritance dealt with in divorce? https://open.spotify.com/episode/76eAKtJuIEm3ALk7EOqzy9?si=ac7a75c492934186 

If you need support with the issues raised in this podcast, or would like to speak to a family lawyer, contact Stowe at: https://bit.ly/35WPSj2

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šŸ”Ž Access further free resources to help you through a relationship breakdown and beyond at Stowe support.  

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