Protecting Inheritance On Divorce

The starting point on divorce is that the assets acquired during the marriage fall into the 'matrimonial pot' and will be divided equally between the parties. This is called the sharing principle.

However, in certain circumstances an inheritance will be a relevant contribution and a good reason to depart from an equal division.

Matrimonial and non-matrimonial assets

The court will distinguish between matrimonial (assets acquired during the marriage through the joint efforts of the parties) and non-matrimonial assets (those acquired prior to marriage, post separation or received through an inheritance). In White v White [2000] UKHK 54 it was recognised that a party should be allowed to keep his non-matrimonial property, brought into the marriage or inherited or gifted to him during the marriage if the other party's financial needs could be met without recourse to the non-matrimonial assets.