30th September 2026 | Maddie Collins | Family Law, Divorce, Assets

It is a common assumption that, if you owned an asset before getting married, it remains yours if you later divorce. Unfortunately for some, the reality is far more nuanced.

The Supreme Court provided important clarification on this issue in Standish v Standish [2025] by introducing the concept of ‘matrimonialisation’ – the process by which an asset that starts as non-matrimonial can become matrimonial.

So, when might ‘my asset’ become ‘our asset’?

Matrimonial or non-matrimonial?

When determining a fair financial outcome on divorce, the court draws an important distinction between matrimonial and non-matrimonial property. Broadly, matrimonial property is that acquired during the marriage as a result of the parties’ shared endeavour and is subject to the sharing principle (meaning it is available to the court when making an order for equal financial division). Conversely, non-matrimonial property typically includes assets owned before the marriage, together with inheritances and gifts received by a party from outside the marriage. The Supreme Court confirmed in Standish that non-matrimonial property is not subject to the sharing principle.

However, as further highlighted in Standish, just because an asset was once considered non-matrimonial, does not necessarily mean it will remain so forever.

What happened in Standish?

The case concerned assets worth around £80 million, much of which originated from the husband’s pre-marital wealth.

As part of a tax-planning arrangement, the husband transferred assets into the wife’s sole name, intending for them ultimately to be placed into trusts for their children. However, the trusts were never created and the wife retained 72% of the parties assets in her sole name. When the marriage ended, the question that arose was whether that transfer had inadvertently converted the husband’s non-matrimonial wealth into matrimonial property. In effect, had the transfer matrimonialised the asset?

The Supreme Court said no. The fact that an asset has been transferred into a spouse’s name is not, by itself, enough to make it matrimonial. Instead, the court must consider how the couple has actually treated the asset over time, including the intention behind that treatment, rather than the name on the title.

When can an asset become matrimonial?

If an asset originally owned by one spouse is, over time, treated by both parties as part of their shared wealth and for the use and enjoyment of the family, it may become matrimonial. For example, if a property in the Caribbean originally owned by one party then becomes the family’s holiday home during the marriage, the asset will most likely be deemed to have become matrimonial.

The key question following Standish is therefore not simply whose name is on the asset, but how have the parties treated it during the marriage. This can be particularly important where one party enters a marriage with significant wealth or expects to receive an inheritance or generous gift during the marriage. The purpose of any transfer, the parties’ intentions and how the asset is subsequently treated during the marriage could all be relevant on divorce.

However, this doesn’t necessarily mean that non-matrimonial property is protected completely. Although Standish confirms that it is not subject to the sharing principle, it can still be taken into account where required to meet either party’s financial needs. The distinction between matrimonial and non-matrimonial is therefore likely to be particularly important where the assets available exceed both parties’ needs.

Conclusion

So, if you owned an asset before marriage, is it still yours on divorce? Potentially – but how you treat it during the marriage matters.

For those entering a marriage with significant pre-existing, inherited or family wealth, Standish has done more than just add ‘matrimonialise’ to the legal lexicon. It serves as an important reminder to consider how those non-matrimonial assets are held and treated and, in cases where assets were brought into the marriage by one party, whether a nuptial agreement could provide greater clarity from the outset of the marriage on how those assets will be considered on divorce. For further information on the legal status of nuptial agreements in England and Wales, please find links to our related articles below.

If you would like advice on protecting pre-marital or inherited assets, or on how assets may be treated on divorce, please contact Anna Clifton or Alex Anastasiou  or send an email to familyenquiries@sherrards.com to discuss your circumstances and the options available to you.