What happens to the assets you had before you were married?
A common question during divorce proceedings is what happens to the things that you owned before you ever met your soon-to-be ex-spouse.
In July 2025 the Supreme Court gave clarity on this very question:
Mr and Mrs Standish were married in 2005 and separated in 2020. In 2017, the husband had transferred £77.8 million of assets into the wife’s name, for tax planning purposes, most of which were acquired pre-marriage.
The court had to determine whether or not these assets were matrimonial property and therefore whether they should be shared between the couple upon divorce, or whether they should be kept separate.
The court established that the transfer of assets in these circumstances will not automatically mean that they have been ‘matrimonialised’ and that it is crucial to look at whether there was an intention for the assets to be shared. Regardless of whose name in which the assets are held, consideration must be given as to how they were acquired.
The Supreme Court ruled in the husband’s favour and determined that these assets were non-matrimonial and therefore should not be shared with the wife. This reduced the settlement awarded to the wife by the lower court from £45 million to £25 million.
This case involved substantial assets, and it is important to note that whilst pre-marital assets may not be shared equally, with a couple who have considerably less wealth a different approach may be taken to ensure a spouse or children have enough to live on.
The main point to take from this case is that it is vital for couples to properly document their intentions as to how assets should be treated within a marriage. This could be achieved, for example, by a prenup, or postnuptial agreement created after a marriage has taken place, to protect certain assets and ensure both parties know where they stand if things go wrong.
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