In a potentially landmark decision handed down on 2 July 2025, the Supreme Court dismissed the appeal of Anna Standish, finding that the sharing principle does not apply to non-matrimonial property, which highlights the importance which can be played by Pre-Nuptial Agreements and/or Post-Nuptial Agreements.
It was decided that assets acquired before marriage do not automatically become matrimonial, even if transferred between spouses during the marriage.
The judgment confirms that the origin of wealth remains a critical factor when considering a financial settlement. Unless there is clear evidence of intent to share, such transfers do not necessarily convert non-matrimonial assets into matrimonial ones.
This decision provides much-needed clarity on the concept of “matrimonialisation”—the process by which non-marital assets might become subject to division. If couples want a non-matrimonial asset to become shared property, it must be recorded clearly.
We advise that a Pre-Nuptial or Post-Nuptial Agreement is entered into, which sets out the parties’ intentions at an early stage. Whilst not legally binding, in many cases a judge will honour the terms of an agreement if it is fair.
If you wish to enter into a Pre-Nuptial Agreement or Post-Nuptial Agreement, or would like further information, please get in touch – we’re here to help.