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Separating out non-matrimonial property – JL v SL (No 2) [2014] EWHC 360 (Fam)
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Introduction
Mostyn J’s latest case provides a useful summary and clarification on the method to divide the assets on divorce to reflect any non-matrimonial property. However it disappointingly fails to deal with how to determine which assets are matrimonial property and which are non-matrimonial in the first place.
Background
In
JL v SL (No 1) [2014] EWHC 3658 (Fam) Mostyn J heard an appeal from District Judge Reid in the PRFD (as it then was).
The wife appealed the decision on the basis that the judge had erred in three ways:
- not properly reflecting the non-matrimonial origin of inherited funds in the division of assets;
- providing for a step down in spousal maintenance to the wife when the children completed university; and
- providing no index linking for the spousal maintenance.
Appeal decision
Mostyn J allowed the appeal on the first...
Read the full article here.
