The case of Standish v Standish – when can pre-marital assets be considered as “matrimonial” or “non-matrimonial” in divorce proceedings?
What Is Matrimonialisation?
Matrimonialisation is the process by which an asset that was originally considered non-matrimonial may become matrimonial due to how it has been used or considered during the marriage.
For example, if one spouse owned a property before the marriage but it was later used as the family home, it may be considered matrimonial through its use and significance within the relationship. Similarly, a business owned by one party before marriage might become matrimonial if it was actively used to support the family financially during the marriage.
Standish v Standish – The facts of the case:
The concept of ‘matrimonialisation’ comes from the case of Standish v Standish [2025] UKSC 26. In this case, the husband and wife began their relationship in 2003, married in 2005 and had two children together. The husband had a successful career and he had accumulated a significant amount of his wealth prior to meeting his wife. Throughout the relationship, the wife was the homemaker and had modest assets before the marriage. Within this case, there was approximately £132 million of assets.
In 2017, the husband transferred approximately £77 million to his wife, with the intention of it being placed in a trust for the children. No trust was ever established. In 2020, the wife issued divorce proceedings.
The wife argued that the money that had been transferred to her had been “matrimonialised” and should therefore be considered when calculating the divorce settlement.
The husband argued that the majority of his wealth was accumulated prior to the marriage. He therefore felt they should be classed as ‘non-matrimonial’ assets when calculating the divorce settlement.
The Judge in the first instance found that £122 million, including the £77 million that had been transferred, were matrimonial assets. The Judge gave a 60% / 40% split in the husband’s favour. The wife appealed the decision and sought to increase her £45 million to £66 million.
The Court of Appeal dismissed the wife’s appeal; however, allowed a cross-appeal from the husband. The husband argued that the money was acquired before the marriage and should be deemed as non-matrimonial. As a result, the Court of Appeal reduced the wife’s award to £20 million.
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