2 October 2025
The recent Supreme Court decision in Standish v Standish has provided welcome clarity on how the courts distinguish between matrimonial and non-matrimonial property on divorce. This distinction is often central to financial proceedings, particularly where one spouse enters the marriage with significant wealth or receives assets by inheritance or gift. The judgment sets out five key principles.
1. The distinction between matrimonial and non-matrimonial property
Matrimonial property is built up during the marriage through the couple’s joint efforts. Non-matrimonial property usually refers to assets owned before the marriage, or those received through inheritance or gift.
2. The sharing principle only applies to matrimonial property
The court’s starting point of equal sharing does not extend to non-matrimonial assets.
3. Matrimonial property should normally be shared equally
Although there can be reasons to depart from equality, fairness requires an equal division of assets generated by the marriage.
4. Non-matrimonial property can become matrimonial
This process, called “matrimonialisation”, happens when a couple’s conduct shows they have treated an asset as shared over time.
5. Tax planning does not usually mean sharing
Where an asset is transferred between spouses purely to save tax, this does not normally amount to matrimonialisation. The intention is tax efficiency, not joint ownership.
Conclusion
The principles in Standish v Standish underline the importance of understanding how the courts treat different types of property. For separating couples, the case confirms that wealth created during the marriage will normally be shared equally, while inherited or pre-marital assets are more likely to remain separate unless clearly treated as shared.
For further information or advice, please contact Naim Qureshi, Senior Associate in the family and divorce team on 01494 781356 or email naim.qureshi@blasermills.co.uk.