In July 2025, the Supreme Court handed down its judgment in Standish v Standish [2025] UKSC 26. This high-profile case has reshaped how the courts deal with pre-marital and non-matrimonial assets in divorce proceedings. For individuals going through divorce, especially where significant wealth or family assets are involved, the decision provides important clarity about what can and cannot be shared.
What Was the Case About?
Mr and Mrs Standish married in 2005. Mr Standish had already built-up considerable wealth before the marriage. During their relationship, he transferred around £77 million in assets into his wife’s name as part of tax planning, with the intention that these funds would eventually be used for their children.
When the marriage broke down, the key legal question was whether these assets had become matrimonial property, meaning they should be divided between the couple, or whether they remained non-matrimonial and outside the sharing principle.
The Supreme Court’s Decision
The Supreme Court agreed with the Court of Appeal that most of the transferred assets were non-matrimonial. Mrs Standish was awarded £25 million, significantly less than she had received at first instance.
The judges made clear that:
- The “sharing principle” only applies to matrimonial assets, property acquired during the marriage through joint endeavour.
- Non-matrimonial assets (such as wealth acquired before marriage, inheritances, or certain gifts) will not automatically be shared.
- Simply transferring assets into a spouse’s name does not make them matrimonial. What matters is how the couple intended to treat those assets and whether they were genuinely used as part of the family’s life.
Why This Matters for Divorcing Couples
Protecting Pre-Marital Wealth
If you entered a marriage with significant assets, Standish v Standish strengthens the position that those assets remain yours, unless you and your spouse have treated them as part of the shared marital pot.
Importance of Intention and Treatment
If non-marital assets are mixed into family life, for example, using inherited funds to buy the family home, the court may still treat them as matrimonial. Clear evidence of your intentions is essential.
Transfers for Tax or Estate Planning
Many couples transfer assets for tax purposes. Standish v Standish confirms that such transfers, on their own, do not automatically mean the assets will be shared in a divorce. However, the wider context will always be considered.
Greater Certainty in Financial Settlements
For individuals going through divorce, this ruling provides more predictability. Those with pre-marital wealth or family inheritances have clearer protection, but spouses can still argue for sharing if assets were used jointly for family purposes.
Practical Steps If You’re Divorcing
- Gather Evidence: Keep records of how assets were acquired and how they were used.
- Consider Agreements: Prenuptial or postnuptial agreements can reinforce the non-matrimonial status of certain assets.
- Seek Advice Early: Every case is fact specific. Professional advice can help you understand whether assets are likely to be shared or excluded.
Conclusion
The Standish v Standish ruling marks a turning point in divorce law. By drawing a sharper line between matrimonial and non-matrimonial property, it offers greater protection for pre-existing wealth, but also highlights the importance of how couples treat their assets during marriage. For anyone facing divorce, clarity and preparation will be key in securing a fair financial settlement.
For further information on this topic or on any other legal area, please contact John Szepietowski or Kay Stewart at Audley Chaucer Solicitors on 01372 303444 or email admin@audleychaucer.com or visit our Linkedin page.
Maya Patel
This information is correct as at September 2025.
