National Family Mediation in Barrow in Furness

These are assets acquired by the parties during the marriage through joint efforts, earnings, or borrowing. The starting point for division of matrimonial assets is equality (50/50).

The Priority Test: Meeting Needs – The prervation of inheritance is always secondary to the court’s primary objective: ensuring the reasonable needs of both parties and any dependent children are met.

The “needs” test is applied first:

• Calculate Needs: The Judge assesses the housing needs, income needs, and general financial requirements of both the husband and wife for a transition period.
• Use Matrimonial Pot: The Judge first tries to meet those needs using the joint matrimonial assets (the family home, joint savings, pensions, etc.).
• The Sharing Principle: If the matrimonial assets are sufficient to meet needs, the inheritance is typically excluded from the sharing calculation and retained by the recipient]

When Inheritance Can Be Invaded (The Safety Net)

If the matrimonial assets are insufficient to meet the reasonable needs of the parties—especially the housing needs of the parent caring for the children—the Judge will invade (or ‘resource’) the non-matrimonial assets, including the inheritance.

Intermingling (The “Mingled Pot”) Inheritance is most at risk if it was used to fund the marital lifestyle or invested into the matrimonial home in Barrow-in-Furness.

Example: If £50,000 inherited early in the marriage was immediately spent on a kitchen extension or reducing the mortgage on the family home, it has become “mingled” and is treated more like a matrimonial asset, making it liable for division.

Inherited Businesses – If the inheritance was a family business that the non-inheriting spouse later worked in and helped grow, the increase in value during the marriage is highly likely to be considered a matrimonial asset subject to the sharing principle.