At Wolferstans, our Family Team regularly advise clients in relation to the division of their assets on divorce. That often includes a discussion about whether certain assets are to be taken into account or not; are they matrimonial assets or something acquired separately by one party to the marriage which one party seeks to ringfence.
The recent case of Standish v Standish is a landmark Supreme Court decision that addresses this issue in family law, particularly concerning the distinction between matrimonial and non-matrimonial property during divorce proceedings. As part of tax planning, in 2017 Mr Standish transferred around £80 million to Mrs Standish. Mrs Standish then commencing Divorce proceedings in April 2020, still having Mr Standish’s pre-marital funds in her sole name. In this case, disputes arose over which assets should be included in the overall pot of assets to be distributed between the parties.
Decision from the High Court
Mr Justice Moor in the High Court found that the transfer had matrimonalised the assets and made them available for sharing, however, agreed that the pre-marital source of the asset was a significant factor and decided that equal sharing was not appropriate.
Decision by the Court of Appeal
Mr Standish appealed, as did Mrs Standish, and The Court of Appeal then determined that the transfer to Mrs Standish did not matrimonialise the assets.
Appeal to the Supreme Court and Decision
Mrs Standish appealed the decision to the Supreme Court. On 30 April and 1 May 2025, the Supreme Court heard the appeal of Mrs Standish against the decision made by the Court of Appeal to reduce her divorce award. On the 2 July 2025, the Supreme Court unanimously dismissed Mrs Standish’s appeal and reduced her sharing entitlement.
Guidance from the Supreme Court Decision
The Supreme Court have taken the opportunity to confirm that the sharing principle does not apply to non-matrimonial property and have provided new guidance in relation to the issue of matrimonial and non-matrimonial property.
What the Supreme Court found to be important was how the parties have dealt with an asset, and whether this shows over time that they have been treating the asset as being shared between them. It is important to remember that non-matrimonial property may become matrimonial property and therefore be available for sharing in certain circumstances. Therefore, caution should always be given to this issue and appropriate advice sought both during a marriage and on separation.
Our experienced team of family lawyers are able to advise you both during your marriage in relation to pre-nuptial or post-nuptial agreements as well as on separation in relation to all financial aspects of your divorce. This can include considerations in relation to matrimonial and non-matrimonial property. Whilst Standish v Standish was a case of very high net worth, at Wolferstans we understand that these principles may need to be applied to your case at a different level of wealth.
Contact us Today
Whether you are planning ahead with a pre- or post-nuptial agreement, or navigating the financial complexities of separation, our expert Family Law team is here to help. The Standish v Standish decision highlights just how critical early and tailored advice can be, regardless of the size of your estate.
Get in touch with us today on 01752 292201 to arrange a confidential consultation and ensure your interests are protected.