Divorce - Matrimonial Property
Once married is everything you both own all in the one pot ? Yes and No (give me a one-handed lawyer please - on the one hand ....on the other....) The starting approach is everything must be disclosed (the quaint words of the traditional marriage service spring to mind " with all my worldly goods I thee endow ..." Judges have developed two types of approach to adjusting this where they see fit :-
- The (supposedly) scientific approach whereby the court tries to identify the whole matrimonial pot and then attempts to exclude non-matrimonial assets; this leaves the matrimonial property to be divided according to the equal sharing principle.
- The artistic approach whereby the whole pot is adjusted from the 50:50 starting point to another percentage split based on " judicial feel" as to what seems fair, to reflect the existence of "non-matrimonial assets"
Observant readers will notice that as ever with Divorce there is some uncertainty and a client needs sound legal advisors to present their cases persuasively .