Lessons from Standish v Standish[2025] UKSC 26

Introduction

Yesterday the UK Supreme Court took the opportunity to clarify the law as to how the sharing principle applies to non-matrimonial property in the landmark decision in the case of Standish v Standish.  This is the first opportunity the Supreme Court has had to do this since 2006.

For individuals and professionals engaged in estate and tax planning, this judgment serves as a reassuring affirmation: properly managed, pre-marital and externally sourced wealth can remain protected from division upon divorce.

This article explores how the ruling supports clients in ringfencing non-matrimonial property, the concept of “matrimonialisation”, and practical planning tips for those seeking financial security in marriage.

The Case in Brief

In Standish v Standish, the husband, a retired banker, had accumulated substantial wealth prior to the marriage. In 2017, as part of inheritance tax planning, he transferred £77.8 million of pre-marital investment assets to his wife with the intent of setting up trusts for their children. The trusts were never established, and the marriage broke down in 2020.

The Supreme Court upheld the Court of Appeal’s decision: 75% of the assets remained non-matrimonial, despite being transferred to the wife, and were thus excluded from the equal sharing principle in divorce.

Key Legal Principles from the Judgment

1. Non-Matrimonial Assets Are Not Subject to Sharing

The court clarified, for the first time at this level, that non-matrimonial property is not subject to the “sharing principle”. While courts retain discretion over “needs” or “compensation”, non-matrimonial assets are, as a rule, not to be divided equally between spouses.

“The sharing principle only applies to matrimonial property and does not apply to non-matrimonial property.” – [UKSC, para 49]

2. The “Source” of Wealth Matters More Than Title

Ownership (legal title) is not decisive. What matters is the source of the asset—whether it was acquired before the marriage, by inheritance, or through external gift—and how it has been treated during the marriage.

“What is not determinative in deciding what is and what is not matrimonial property is who has title.” – [UKSC, para 47]

3. Matrimonialisation Requires Intentional Sharing

Assets can become matrimonial over time—but only if the parties treat them as shared. Simply transferring ownership for tax reasons does not imply the asset is to be shared in a divorce.

“There was no matrimonialisation… the transfer was to save tax and for the benefit of the children, not the wife.” – [UKSC, para 61]

How This Assists People When Wanting to Protect Wealth

1. Clarity on Asset Protection

Clients now have judicial confirmation that pre-marital or gifted wealth can remain protected—if handled carefully. This removes ambiguity and supports proactive planning strategies.

2. Title Transfer ≠ Risk

Transferring assets to a spouse for tax planning, inheritance tax mitigation, or trust creation (as in this case) does not automatically expose those assets to divorce claims.

3. Focus on Intention and Use

What matters is how the asset is treated. If it is:

• kept separate,
• not used for joint benefit,
• not integrated into family living,

then it is far less likely to be considered matrimonial.

4. Validates Estate & Tax Planning Structures

The court recognized that actions taken purely for estate or tax purposes—such as asset transfers—should not be recharacterized as evidence of sharing unless there’s clear proof to the contrary.

Practical Implications

The implications are limited, as most cases will not fall under the ambit of the sharing principle. Most cases will be considered a Needs case as there are usually not enough funds available to meet the parties ongoing needs so all assets no matter how they were/are created will need to be considered. This case does not make pre-nups binding on the parties or the court.

For the cases that the sharing principle does apply to one should always avoid mixing non-matrimonial and joint assets.

• Consider post-nuptial agreements if circumstances change (e.g. large gifts or transfers).
• Keep wealth generated prior to the marriage, personal inheritances and gifts in separate accounts or trusts and ensure they are not intermingled with matrimonial assets, funds or bank accounts (the account your salary is paid into) and so on.

Conclusion

The Supreme Court’s decision in Standish v Standish offers a landmark clarification for those seeking to protect wealth within marriage. The ruling confirms that non-matrimonial property enjoys real protection, provided that actions and intentions support that classification.

For clients—particularly entrepreneurs, inherited wealth holders, and internationally mobile families—this ruling arms them with new confidence in using legal structures, planning tools, and prenuptial agreements to secure their financial futures.

At Phillips, we understand that every case is different. Our expert team can help you present your case in a way that achieves the right outcome for you and, where appropriate, ensures your assets are protected.

We approach matters proactively. Addressing issues early will save you time, money, and stress, allowing you to move forward with your life as quickly as possible so that you can focus on what’s important to you.

If any of these points resonate with you and you would like to discuss further, please don’t hesitate to get in contact with one of our Family Solicitors.

Call us on 01256 460830 or email [email protected]. We’re here to help.

Written by Daniel Weintroub, Partner at Phillips Law.