0333 222 5014
Book online
Blog by Poppy Grazebrook
Solicitor – Family Law
Poppy is a Solicitor specialising in Family Law, with a particular emphasis on Children Act proceedings…
Matrimonial Assets vs Non-Matrimonial Assets in Divorce
When couples divorce, one of the most contested issues is how to divide property and wealth. The law draws a distinction between matrimonial assets and non-matrimonial assets, and this can significantly affect financial outcomes.
What Are Matrimonial Assets?
Matrimonial assets are typically those acquired by either party during the marriage. Under the sharing principle, these assets should usually be divided equally (50:50) between the parties, unless there is good reason to depart from equality.
What Are Non-Matrimonial Assets?
Non-matrimonial assets are:
- Assets brought into the marriage, or
- Assets received as gifts or inheritances.
However, it is important to note that non-matrimonial property can become matrimonial if the couple have treated it as shared over time.
The Standish v Standish Case
The Standish v Standish case provides a clear example of how the courts distinguish between matrimonial and non-matrimonial assets.
High Court Decision (2022)
- Anna Standish (wife) was the children’s primary carer.
- Clive Standish (husband) built a successful business and argued he should receive a larger share of the wealth.
- The dispute centred on £78 million in investment assets transferred by Clive to Anna in 2017, before their separation, for inheritance tax and family planning purposes.
- The High Court held that domestic and childcare contributions must be given equal weight to financial contributions.
- Anna was awarded £45 million, with the Court treating much of the £77.8 million transfer as matrimonial property.
Court of Appeal (2023)
- Anna appealed, and Clive cross-appealed.
- Clive argued the transferred assets were pre-marital wealth, intended for the children, and wrongly treated as matrimonial.
- The Court of Appeal agreed with Clive, reducing Anna’s award to £25 million, ruling that most of the assets were non-matrimonial.
Supreme Court (2025)
- Anna appealed again.
- The Supreme Court unanimously upheld the Court of Appeal’s decision, confirming her award remained at £25 million.
Why the Case Matters
The Standish v Standish ruling clarifies several important points about asset division in divorce:
Matrimonial vs Non-Matrimonial Property
Transferring assets or placing them under a spouse’s name does not automatically make them matrimonial. Timing and purpose are key.
Title Is Not Decisive
Just because an asset is in one spouse’s name does not mean it will be treated as matrimonial property. Courts will look at how and why it was transferred.
Estate Planning & Nuptial Agreements
Inheritance and tax planning aren’t disregarded, but they don’t automatically convert wealth into shared property. The judgment highlights the importance of pre-nuptial and post-nuptial agreements to clarify intentions.
How We Can Help
At Fairmont Law Solicitors, our experienced family law solicitors advise on asset division, pre- and post-nuptial agreements, and complex divorce cases. If you are separating and want clarity on how your assets may be treated, we can help.
Contact us today for confidential advice on a no win, no fee basis.