Standish v Standish: Sharing non-matrimonial assets
Standish v Standish was a recent and significant family law case which has attracted significant media attention and public interest. The results of this groundbreaking case were announced on 2nd July 2025, and this has had a resounding impact on finances and divorce law across the UK.
The case of Standish v Standish has clarified the principles for distinguishing matrimonial and non-matrimonial assets on a divorce, and also how the principle of sharing should be applied to those assets.
Background
Mr Standish had significant wealth before he met Mrs Standish. They were married in 2005. They had two children together. In 2017, Mr Standish transferred £77.8 million of investments into the name of Mrs Standish. It was intended to use this money to set up trusts to benefit the parties’ children and avoid UK inheritance tax. The trusts were not set up and the parties separated in 2020. By the time the case got to court, the assets were worth £132.6 million and 72% of those assets were in the name of Mrs Standish.
Issues
Broadly, the issues in the family law matter of Standish v Standish were:
- Did the 2017 transfer of the investments into Mrs Standish’s name “matrimonialise” those assets?
- Was Mrs Standish entitled to keep any, or all, of the assets in her name?
Initial trial
At the initial Standish v Standish trial, the judge decided that most of the assets had started out as non-matrimonial assets, as they were owned by Mr Standish before the marriage, but that they had been “matrimonialised” by the transfer to Mrs Standish. Those assets were therefore available for division between the parties following their divorce. The judge awarded Mrs Standish 40% of the assets (£45 million) – the judge took into account the fact that the assets were originally non-matrimonial and so did not order a 50/50 split.
Both parties appealed to the Court of Appeal.
Court of Appeal
In the case of Standish v Standish, the court reduced Mrs Standish’s share to £25 million on the basis that 75% of the assets were non-matrimonial and therefore would not be shared, including the 2017 assets transferred to Mrs Standish. The 25% matrimonial assets would be shared equally and the 75% non-matrimonial would not be shared at all.
Following this decision, Mrs Standish appealed to the Supreme Court.
Supreme Court’s decision
The Supreme Court upheld the Court of Appeal’s decision. The reason for the 2017 transfer to Mrs Standish was to save tax, and those assets were pre-marital.
They set out five overarching principles:
- Fairness – the overall aim is to achieve a fair outcome.
- The needs principle – each party’s needs must be met.
- The compensation principle – there should be compensation for a spouse who has “given up valuable opportunities by marrying”.
- The sharing principle – the matrimonial assets should be shared, usually equally.
- The non-discrimination principle – the courts will not discriminate between a homemaker and a breadwinner.
How do we know what is matrimonial property and what is non-matrimonial property in divorce?
This question will generally turn on the source of the assets. The name in which the asset is held is not relevant.
Examples of non-matrimonial assets are pre-marital assets brought into the marriage by one party. Assets inherited or given to one party will be non-matrimonial.
Matrimonial assets will be the “fruits of the marriage partnership”, assets that reflect the marriage partnership and assets that are produced by the parties’ common endeavour.
Can assets change from non-matrimonial to matrimonial?
As shown in the case of Standish v Standish, the answer to this is yes.
Non-matrimonial assets can be “matrimonialised”. This is a question of fact. There are three main routes to matrimonialisation:
- Over time matrimonial property of such value has been acquired as to diminish the significance of the initial contribution by one spouse of non-matrimonial property.
- Over time the non-matrimonial property initially contributed has been mixed with matrimonial property in circumstances in which the contributor may be said to have accepted that it should be treated as matrimonial property or which, at any rate, the task of identifying its current value is too difficult.
- The contributor of non-matrimonial property has chosen to invest it in the purchase of a matrimonial home which, although vested in his or her sole name, has – as in most cases one would expect – come over time to be treated by the parties as a central item of matrimonial property.
The key thing to look at is the intentions of the parties – to consider how the parties have been dealing with the asset and whether this shows that, over time, they are treating the asset as shared.
How will marital and non-marital assets be shared?
Most divorce solicitors will know that marital assets should normally be shared on an equal basis, although there can be justified departures from that – for example, if one party can show that they need more than 50%.
Non-marital assets will not be shared but can be accessed to meet a party’s needs.
It is important to bear in mind that the Standish v Standish case was a “big money” case involving assets of over £132 million. In cases involving modest assets, where there isn’t enough money to meet each party’s needs, arguments about whether assets are matrimonial or non-matrimonial are likely to be somewhat irrelevant.
How can GA Solicitors help?
If you are in the midst of a divorce or a relationship breakdown and need help to agree finances on divorce, pension sharing and the overall division of assets, then speak to our family law and divorce solicitors in Plymouth. You can call the specialist team on 01752 203500 or by emailing enquiries@GAsolicitors.com.
Our experienced team is ranked in Chambers UK and The Legal 500 and can offer comprehensive advice regarding all aspects of family law and divorce.
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