How does the Court decide on our shares of the matrimonial assets?

The Court’s decision will be based on section 112 of the Women’s Charter.

The fact that you or your spouse did not pay for a particular matrimonial asset is not conclusive. There is no particular formula used to divide the property. The Court’s decision is made after it has heard all the evidence. The Court will decide what share is just and equitable in the circumstances of your case.

The Court will look at
each spouse’s direct financial contributions, such as salary earnings
the children’s needs
each spouse’s non-financial contributions to the welfare of the family, including looking after the home and caring for the family
any agreement that both of you may have made regarding the division of the matrimonial assets in case of a divorce.

If you and your spouse are unable to agree on how to divide the matrimonial assets, the Court will ask each of you to file anAffidavit of Assets and Means in the ancillary matters stage of your divorce proceedings.

Alternatively, you may request a Resolution Conference at the Family Resolution Chambers to help you and your spouse reach an agreement.