posted 5th January 2026
Can assets really be ring fenced on divorce in the UK?
There is no automatic right to ring fence assets in England and Wales. The court does not apply a fixed rule separating marital and non-marital property. Instead it considers whether excluding an asset would still result in a fair outcome under section 25 of the Matrimonial Causes Act 1973.
Ring fencing is therefore an argument rather than a legal entitlement.
Are assets owned before marriage protected?
Assets owned before marriage may be treated as non-marital but they are not automatically excluded. The court will look at factors such as:
The length of the marriage
Whether the asset was kept separate
Whether it was used to support the family
In longer marriages pre-marital assets often lose significance particularly where they have contributed to the family’s standard of living.
Is inheritance excluded from a divorce settlement?
Inheritance is one of the most common assets people seek to ring fence. Whether it is excluded depends on how it has been dealt with.
An inheritance is more likely to be treated as non-marital if it has been kept separate and not used for joint purposes. However if it has been used to buy a family home or meet living costs it may be included especially where needs require it.
Does the length of the marriage matter?
Yes. Length of marriage is a key factor.
Ring fencing arguments are generally stronger in short marriages where assets were acquired before the relationship or independently of it. In long marriages the court is more likely to view the financial position as a joint enterprise.
What happens if one party has made non-financial contributions?
Non-financial contributions such as caring for children managing the household or supporting a spouse’s career are treated as equal to financial contributions.
The court will not allow ring fencing to undermine the value of those contributions. This is one of the main reasons why attempts to exclude assets often fail.
Can a spouse protect assets by keeping them in their sole name?
No. Legal ownership is not decisive in divorce proceedings.
The court looks at the reality of how assets were acquired and used rather than whose name they are in. Keeping assets in a sole account does not prevent them from being shared if fairness requires it.
Are business assets treated differently?
Business assets may sometimes be treated as non-marital particularly if they pre-date the marriage. However if a business has grown during the marriage or provided family income it is likely to be considered part of the matrimonial resources.
Each case turns on its facts.
Can ring fencing be agreed without going to court?
Yes. Many couples agree to treat certain assets as excluded through negotiation or mediation. This can provide certainty and reduce costs.
Agreed outcomes are often more flexible than court imposed solutions provided both parties have full financial disclosure and legal advice.
Do prenuptial agreements guarantee ring fencing?
No agreement can absolutely guarantee exclusion but prenuptial and postnuptial agreements carry significant weight following Radmacher v Granatino.
Courts are likely to uphold them if they are entered into freely with full disclosure and independent legal advice and if they meet the parties’ needs at the time of divorce.
What is the biggest misconception about ring fencing?
The most common misconception is that inheritance or pre-marital wealth is automatically protected. In reality fairness and needs override source in many cases.
Understanding this early can prevent unrealistic expectations and help parties reach sensible settlements.
