Non-Matrimonial Assets

Non-matrimonial assets are those you or your spouse brought into the relationship, such as an inheritance or assets acquired before your marriage or potentially assets acquired after separation. Despite their separate origin, these assets can still be considered and may be split, depending on the specific circumstances.

The court's primary concern in asset division is ensuring that all financial needs are met, especially the needs of any dependent children. When deciding how to divide assets, the court takes into account a range of factors, including:

  • The needs of the parties: This involves considering your needs, your spouse's needs, and the needs of any dependent children.
  • Standard of living: The court looks at the standard of living you both enjoyed during the marriage.
  • Income and earning capacity: The current income of each party and their potential earning capacity are considered.
  • Duration of the marriage: The length of your marriage plays a role in asset allocation.

Client feedback

In dealing with financial arrangements during my difficult divorce I felt safe and supported by Teresa Davidson and her team at Winston Solicitors. Work was always done promptly and I benefitted from evident knowledge and experience as well as diplomacy when required. I would have no hesitation in recommending their service.
Jane
I cannot fault Winston Solicitors. They are very helpfiul and lovely to talk to
Geoff
Harriet Reid dealt with my divorce aided by her excellent assistant Judith Pearson. Both Harriet and Judith were incredibly quick to respond to any questions or concerns I had during the process. I found Harriet to be ideal for me to talk to as she was direct enough to be able to explain what was happening in "plain English" rather than "legal jargon" and to point out the actions I should and shouldn't take. The process is extremely emotive and a calm understanding advisor is essential.
Richard
I chose Winston Solicitors following a strong recommendation from a close friend, and I have been extremely impressed with the service I received throughout both my divorce proceedings and house sale.A special thank you goes to Teresa and Emily in the Family Law team, who were outstanding from start to finish. Teresa consistently kept me informed about costs and the next steps in the process, which I found incredibly reassuring during what was a very challenging time. Her knowledge, expertise, and professionalism were exceptional, and I am extremely grateful to have had her representing me throughout. Emily’s communication was excellent; she was always prompt, professional, and supportive. Together, they provided guidance and reassurance that made a difficult situation far more manageable.I would also like to thank Laura and Amanda in the Conveyancing Department for their excellent work on my house sale. Their professionalism, efficiency, and attention to detail ensured that everything progressed smoothly from beginning to end.I am genuinely grateful for the support I received from everyone involved and would highly recommend Winston Solicitors to anyone seeking expert legal advice and representation. Their dedication, communication, and client care were outstanding throughout.
Jason
During such a difficult and stressful time I found Winston Solicitors excellent. I worked with Wendy throughout my divorce she was incredible, supportive, hard working and extremely knowledgeable. No question was too silly , no problem was too great for her. I trusted her advice 100% and was more than happy to take her lead. She held my hand every step of the way and for that I will be forever grateful. I have already recommended her to others and will continue to do so. I wouldn't hesitate to use Winston Solicitors in the future
Louise
I am extremely grateful for the support and guidance I received throughout my financial consent order process.Wendy was direct, practical, and very human in her approach. She handled my matter personally, which made a huge difference. I did not feel like I was being passed between assistants or treated like just another case. I felt properly listened to and supported.This was an extremely stressful process for me, but I trusted Wendy completely. Her advice was clear and realistic, and she helped me understand what mattered and how best to move forward.The wording she used in my consent order was particularly strong. She understood my situation accurately and phrased it in a way that clearly explained the reality of the marriage and the financial arrangements. I believe this careful and intelligent wording helped the court understand the case properly and approve the order.I recommend Wendy very highly. She made a very stressful process feel less overwhelming and helped me achieve the outcome I needed.
Anna.
Very professional put me at ease straightaway very helpful I would definitely use Winston’s again and would recommend them to family and friends
Shirley
Harriet Reid went above and beyond throughout the whole process. Her patience, professionalism and impeccable handing of the matter made a stessful situation much easier to bear. Her advice was spot on at all points and the proactive approach was much appreciated. I would not hesitate to recommend Harriet and her team and cannot thank them enough for their support and guidance from start to finnish.
Lisa