The July 2025 Supreme Court ruling in Standish v Standish has set a new precedent in UK family law, especially around what constitutes matrimonial and non-matrimonial property, how non matrimonial property can become ‘matrimonialised’, whether the ‘sharing principle’ applies to non-matrimonial property and how asset transfers between spouses are treated in divorce. Below is a detailed FAQ to help you understand the key lessons and implications.
What does matrimonialisation mean?
Matrimonialisation of an asset refers to the process by which an asset that was once considered to belong solely to one of the parties to the marriage becomes an asset that is treated as shared between the parties, and is therefore likely to be shared or split between the parties upon divorce.
What was Standish v Standish about?
Standish v Standish was a case before the UK Supreme Court concerning whether assets transferred between spouses during marriage should be divided equally on divorce. The Court had to decide whether a large money transfer from the husband to the wife, resulted in that money becoming ‘matrimonialised’ and therefore whether the funds should form part of the asset pot for division.
Who were the parties involved in the case?
The case involved Clive and Anna Standish, a wealthy couple. During their marriage, Clive transferred around £80 million into Anna’s name as part of an estate planning strategy to reduce inheritance tax and provide for their children’s future.
What did the Supreme Court decide?
The Court ruled that most of the assets transferred for estate planning remained non-matrimonial and therefore belonged to the husband alone. They were not automatically subject to division because the intention behind the transfers was not to share them as part of the marital pot.
Why is this ruling significant for you?
The ruling provides clarity for individuals by confirming that:
Does putting assets in a spouse’s name make them shared property?
Not automatically. Simply transferring wealth into a spouse’s name doesn’t mean it becomes matrimonial property. There must be a clear intention to treat the asset as shared within the marriage.
What if transferred assets are used jointly by both spouses?
If assets are commingled, for example, by putting them in a joint account or making mutual decisions on their use, they may be reclassified as matrimonial property and subject to division.
How does the ruling effect tax and estate planning?
The Court, in this case, decided that transferring assets purely for tax or estate planning purposes doesn’t automatically convert them into matrimonial property. However, without clear documentation and legal advice, the risk of misinterpretation remains.
Does this ruling change the general starting point of a 50/50 split in divorce?
No. The general 50/50 principle still applies to matrimonial assets, wealth acquired during the marriage for mutual benefit. The Standish ruling clarifies that the sharing principle does not apply to non-matrimonial assets.
What should you do now?
You should review your estate and tax planning structures in light of this ruling. Consulting with experienced family law solicitors is essential to ensure wealth protection strategies are legally sound and reflect the realities of modern family law.
Can a prenuptial or postnuptial agreement help?
Yes. Such agreements remain powerful tools for defining and preserving separate assets, reducing the risk of uncertainty or disputes if the marriage ends.
What practical lessons can you take from this case?
Key takeaways include:
Where can I get legal advice on protecting wealth in marriage?
Specialist law firms such as us at RLK Solicitors provide confidential, strategic and cost-effective advice. We assist with prenuptial agreements, estate planning, and divorce strategies tailored to protect substantial wealth.
Contact RLK Solicitors today for expert guidance on safeguarding your assets.
Alisha is a highly experienced family solicitor with over 10 years’ experience in family law. She leads RLK’s Family & Divorce team and is known for her practical, empathetic advice and firm representation in complex and sensitive matters.
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