Supreme Court ruling in Standish and Standish – 2nd July 2025

*The information in this blog relates to England and Wales only

The long-awaited decision in the Supreme Court appeal case of Standish and Standish is now out and it will have implications not only for so called ‘big money’ cases, but all financial cases where value of the parties’ assets upon divorce, is surplus to meeting needs.

In this case, the key question was when, and how non-matrimonial property became matrimonial property and how such matrimonial property should be shared upon divorce.

The protection of pre-marital wealth has become a bigger and more common question in a culture where people are getting married later in life once they have accrued significant assets and wealth and also where people are marrying for a second or third time each brining their own assets to the marriage.

In both of these circumstances, there is a high probability that one or both parties will be bringing assets and/or wealth into a marriage which were created without any joint endeavours of the spouse. In cases where parties have not signed a pre-nuptial or post-nuptial agreement, this can create difficulties if the marriage breaks down, and the parties must then agree how any such assets should be shared with the spouse, if at all.

In this recent judgment, the Court has clarified that the legal title of any property or assets is not itself determinative of ownership, or sharing of those assets, within a legal marriage.  The Court will consider whether any such property is pre-marital, the extent of the same, as well as how any such property is treated within the marriage, and it is a combination of these factors that will determine the extent that any such assets are considered matrimonalised (if at all), and the extent that they should be shared between the parties.

It is clear from the Judgment that that transfer of pre-marital assets from one spouse to another for tax efficiency purposes will not in itself necessarily change the nature or ownership of those assets within a marriage, or indeed evidence an agreement for those assets being held joint or shared between the parties.

The Court confirmed that there is a distinction to be made in cases where there are surplus assets between those that are non-matrimonial and those that are matrimonial, as well as those that change and became matrimonialised during marriage.

However, if your pre-marital assets and property are not protected in a nuptial agreement and cannot be agreed between the parties, then the exact nature of the various assets will need to be determined by the Court upon divorce.

You can read the full Judgment here Standish (Appellant) v Standish (Respondent)

The information and opinions contained in this blog are for information only.  They are not intended to constitute advice and should not be relied upon or considered as a replacement for advice.  Before acting on any information contained in this blog, please seek solicitor’s advice from Gilson Gray.