020 3372 5125 Email us today
Enquire today

If you acquired property prior to getting married, it is natural you want to keep these pre-matrimonial assets separate from a divorce financial settlement.  At RVS Solicitors, our team of family law Solicitors, led by Rakhi Singal, will quickly identify any separate property and advise you on how to protect it.

Protect Your Assets Through Divorce with RVS Solicitors

RVS Solicitors is a digital-only office and provides clients with access to a document portal so they can stay informed about there matter as it moves forward.

In addition, the head of family law department, Rakhi is a member of Resolution, a pre-eminent organisation of family law solicitors who receive training in a strict Code of Practice in managing family law matters in a non-confrontation manner. 

By instructing RVS Solicitors, you are working with a considerate team of professionals, with a huge depth of experience in family law. We tailor our services to you, and are dogged in our approach to helping our clients achieve their legal aims.

Read our client testimonials. Contact us today for a conversation about your case.

See also:

Page Content

Frequently Asked Questions (FAQS)

What is considered non-matrimonial property?

There are two types of assets which may be considered pre-matrimonial assets.

  • Assets pre-acquired or brought into the marriage by one of the parties.
  • Assets acquired by one of the parties during the marriage from an external source, for example by way of inheritance or a gift.

Other assets may also be classed as non-matrimonial property.  For example, perhaps one spouse had a particular attachment to a foreign country and purchased property there.  It was never used for family purposes and was always regarded as separate property. Provided there are no relationship-generated needs or disadvantages to be addressed, there will be a strong argument that the property remains separate from the financial settlement.

What do the Courts consider non-matrimonial property?

The leading case in classifying matrimonial and non-matrimonial property is White V White [2001] 1 A.C. 596.  One of the key points laid down, in this case, is that financial and non-financial contributions (for example, caring for the family) should be given equal weight.

In White, Lord Nicholls distinguished between:

  • Property that one party brought into the marriage, or inherited during the marriage, which he termed inherited property.
  • Property acquired by the labours or endeavours of one or both parties during the marriage, which he termed matrimonial property.

Lord Nicholls stated the Court must consider the nature and value of the property and when and how it was acquired.  He also made clear that if one party’s financial needs could not be met without recourse to inherited property, then the fact it was considered separate would carry little weight.

The case of Millar and McFarlane [2006] 2 A.C. 618 further developed the law around matrimonial and non-matrimonial property.  In awarding the wife a lump-sum of £16.5 million, as opposed to the £125 million she claimed, Justice Bennet summed up the law as thus:

“In a case where the vast bulk of the husband’s enormous fortune was made not only before their marriage but also indeed before the wife and husband even met; where the “marital acquest” (if such there has been) is of a very small amount compared to the total assets; where the compensation principle is not in any way engaged; where the marriage is short and where the standard of living lasted only so long as the marriage; where the wife is now and will be very comfortably housed; and where [the child’s] needs are fully assured, surely fairness requires that the wife’s needs (generously interpreted) are the dominant factor in the section 25 exercise. Any other radically different way of looking at this case would, in my judgment, be manifestly unfair.”

It is crucial to note that every case will turn on its facts.  Just because the marriage is of short duration or property was acquired prior to the wedding does not automatically mean certain assets will be deemed non-matrimonial property.  Therefore, it is imperative to seek quality legal advice if you wish to keep certain assets away from the divorce financial settlement.

By instructing Rakhi and her team, you can be confident of receiving practical, smart, clear advice which will allow you to make the best decisions for you and your children.

Deciding what is and isn’t matrimonial property is highly complex.  We have the experience and knowledge to advise you and protect your best interests.  To find out how we can advise and represent you, please contact our London office on  020 3372 5125 or complete our online enquiry form  to make an appointment.

Please call us on 020 3372 5125 or get an online consultation

    Follow by Email
    Contact our experts in Family Law
    Director & Head of Family Law
    For legal advice
    call us today
    020 3372 5125
    Or complete our online enquiry form to make an appointment

      What Our Clients
      Say About Us
      Dealing with Rakhi was more like having In house counsel than hiring a law firm
      So Rakhi Singal of RVS has just handled my divorce, it was a very complex case and I came to Rakhi at the very last minute on a friend’s recommendation. My case was a mess and I stood to lose everything.

      Dealing with Rakhi was more like having In-House counsel than hiring a law firm, she does not approach her clients as a cash machine like many law firms do, she works with you to manage and minimise your costs and de-escalate conflict rather than throw wood on the fire.

      She took a huge personal interest in my case, she was always available on the phone, very quick to respond to emails and is very honest and trustworthy.

      My ex had huge spending power and used a team of high profile solicitors against me, Rakhi literally saved me from complete ruin and helped me get a very fair deal with me spending 6 times less than my ex on legal fees.

      Thank you, my new family and I will be forever grateful!!!!
      What Our Clients
      Say About Us
      Rakhi’s passion for her profession supersedes the norm
      On dealing with a very stressful and emotional situation involving my young child. I was personally directed to Rakhi Singal. From the very outset of my situation, Rakhi identified the immediate difficulties I faced and offered me a sympathetic and rational approach to my situation, ensuring that she had a full understanding of my issues and concerns. Rakhi’s approach to my case was monumental and customary to my needs and that of my child, which was a fundamental point for me.

      The communication and support I received in and outside of court was nothing short of extraordinary. Rakhi’s passion for her profession supersedes the norm and is clearly demonstrated through her results.
      What Our Clients
      Say About Us
      Really impressed with Rakhi’s dedication to our case
      Could not be more pleased with the results!

      I approached RVS solicitors as they were highly recommended and now I completely understand why. Soon as I contacted Rakhi I knew I wanted to use her, she was so professional and easy to get along with. I was faced with clients who were refusing the pay invoices, Rakhi immediately reassured me that she was able to help me and recoup these costs. She dealt with the whole process very professionally.

      Really impressed with Rakhi’s dedication to our case and her knowledge and experience on dealing with the case. She communicated with us throughout the process, providing me with regular updates. Thank you so much, I cannot vouch for her work enough and RAW Invites are happy for you to continue to act for all their matters in the future.
      What Our Clients
      Say About Us
      Very detailed advice, friendly and approachable
      Excellent service for my wife's spousal visa from Lusine: very detailed advice, friendly and approachable. Also flexible in contact by email and provided an excellent cover letter.
      What Our Clients
      Say About Us
      She is professional, intelligent, hard worker and cheerful!
      I highly recommend Dr. Lusine Navasardyan, as she is professional, intelligent, hard worker and cheerful, she helped us from the beginning of our case until the very end, when she prepared a strong bundle with over 385 pages, which helped us get a successful victory in our Asylum case . I strongly recommend her as I really appreciate all the professional work that she has done . Many thanks to her.
      What Our Clients
      Say About Us
      She has been very professional and a reliable person
      Dr. Lusine has been working on my case. She has been very professional and a reliable person. She was always attending to my queries and she has always been very friendly throughout my case.
      What Our Clients
      Say About Us
      She is very professional while creating a friendly and comforting relationship with her clients
      I am very happy with the level and quality of service I got from Dr. Lusine Navasardyan. She is very professional while creating a friendly and comforting relationship with her clients. The service from Lusine was professional,efficient and well organised. Lusine worked extremely hard at resolving my all issues while getting the best result.