Anything of value that a party owns — property, savings, investments, pensions, vehicles, business interests, and personal possessions. In financial remedy proceedings, all assets must be disclosed (on Form E), valued, and considered by the court. The court distinguishes between matrimonial assets (built up during the marriage and subject to the sharing principle) and non-matrimonial assets (pre-acquired, inherited, or gifted). Both types are relevant: matrimonial assets are generally shared, while non-matrimonial assets may be kept largely by the owner — though they can be drawn on to meet needs, or where they've been 'matrimonialised' by being mixed into family finances.
In Plain English
Anything you own that has value, such as a house, savings, a car, a business, or a pension.
This content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.
A "gap" is a common assumption people hold going into family court, set against what the court actually does. The bold line below is the assumption — not a fact. The reality underneath is what the court typically observes.
Gap #85
The assumption
If the other party is hiding assets using third parties — family members or business associates — there is nothing the court can do.
The reality
Courts possess various tools to address asset concealment involving third parties, including disclosure orders and the ability to challenge questionable transactions. If assets are moved to family members to reduce the apparent matrimonial pot, this can often be raised within financial proceedings for scrutiny.
Gap #103
The assumption
I don't need to disclose that bank account — it only has a few pence in it. It's irrelevant.
The reality
Full and frank disclosure means every account, asset, and interest — regardless of value. There is no minimum threshold. An account with pennies in it today may have processed significant sums in the past. The other side will look. Omitting anything, however trivial, gives the court reason to doubt everything else.
Gap #107
The assumption
My ex's behaviour was terrible during the marriage. The court will take that into account in the financial settlement.
The reality
Misconduct may only be taken into account if it is deemed 'inequitable to disregard.’ This threshold can be high, and the court primarily focuses on asset division rather than moral judgment.
Gap #119
The assumption
Should I make a D11 application to force disclosure?
The reality
A premature D11 application may often cost more than the information is worth. In modest asset cases, it is commonly observed that courts view it as escalation rather than necessity.
Navigating court alone?
A McKenzie Friend can help you understand terms like these in the context of your case.
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