Equality

So much for equality!

The appeal courts are still developing the concept of "non-matrimonial property" on "the hoof" in the numerous big-money cases coming before them. By the time you read this, the law may have developed yet further, but for the meantime...

Matrimonial property is very likely to be divided equally. The former matrimonial home is always going to be matrimonial property

Non-matrimonial property may include assets and inheritances already owned before the parties got together and certain post-separation bonuses (those received and relating to the period of employment 12 months after separation). Such property might not be divided equally, especially in shorter marriages (assuming the housing and other needs of the financially weaker party are met)

Courts are now tending to count cohabitation before marriage towards the length of the marriage

All assets are valued at today's date, not at date of separation

Consider this scenario...

Boy meets girl. Each has their own house. They marry. They live in one and rent out the other. They divorce. The one in which they live is matrimonial property and is likely to be divided equally. The rented property was brought into the marriage and may be considered non-matrimonial property destined to stay with the original owner.

... a case of what's mine is mine and what's yours is half mine!

It is not any easier, if you do not marry but just live together.

Frankly, the argument for prenuptial and cohabitation agreements to be made legally binding is getting stronger.

Equality

So much for equality!

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