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Divorce - Matrimonial Property

divorce-split Matrimonial Split

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 :-

  1. 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.
  2. 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 .

Property Extensions
Conveyancing and Potential Fraud
 

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Sunday, 11 April 2021

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