The primary difference between TOLATA (Trusts of Land and Appointment of Trustees Act 1996) and matrimonial laws MCA 1973 (Matrimonial Causes Act 1973) lies in the nature of the relationship they govern and the assets they address.
TOLATA deals specifically with disputes over property ownership and interests among cohabiting or non-married partners, family members, or business associates. It focuses on establishing beneficial interests in property and resolving disputes related to land ownership, trusts, and trusteeship.
Matrimonial laws, on the other hand, govern the division of assets and responsibilities between spouses during divorce or separation. These laws address issues such as property adjustments (sale or transfer), lump sum order, spousal maintenance, pension adjustments and/or clean break orders.
In summary, while TOLATA focuses on property disputes outside of marriage or civil partnership and is subject to stringent statute and case law; the MCA 1973 specifically addresses the division of assets and responsibilities within the context of marriage or civil partnership and typically offers the court more discretion to divide the assets based on ‘fairness’.
