By Anthony Jones, Solicitor 

What is the current position in relation to pre marriage assets upon divorce proceedings?  Well, some guidance has now been given in the case of N v F 2011.  The Judge in the case of N v F (Mostyn J) said the process should be :

1. Whether the existence of the pre marital property should be reflected at all in the divorce settlement.  He said this would depend upon the duration of the marriage and the mingling of matrimonial property with pre matrimonial property.
2. If it is decided that the pre marriage property is reflected in the offer or settlement (that is it is fair and just) the Court must decide how much of the pre marital property should be excluded. 
3. The remaining matrimonial property should then normally be divided equally.
4. The final award should then be tested against a percentage technique to see whether it is fair. 

When deciding how to divide up the matrimonial finances the Courts continue to have a wide discretion and flexibility over how to deal with, not just pre marital assets, but also all of the matrimonial assets.  It was made clear in the case of N v F that the treatment of pre marital property would be highly fact specific and very discretionary.  This means, therefore, that the treatment of pre marital property will differ from case to case as the facts in each case are often different.

In certain cases, therefore, it is possible to exclude pre marital assets (including inheritances) from the division of the overall matrimonial assets either in part or in some cases in whole.

Anthony Jones, Solicitor at Chafes Solicitors LLP can help you with any family problems that you may have, including division of assets.  He can be contacted on 01625 531676 or email Anthony.jones@chafes.co.uk