2025 Supreme Court ruling on splitting pre-marriage assets sets new precedent

A recent Supreme Court decision brought increased clarity on the treatment of certain assets during divorce proceedings. In Standish v Standish, the Court decided that assets acquired before a marriage like inheritance, property, savings, or investments, don’t have to be shared on divorce unless they were clearly treated as joint during the marriage.

This is a significant ruling for anyone going through a divorce or preparing to marry, especially for wealthy couples or those with complex finances. It highlights that transferring assets between spouses doesn’t automatically make them joint property.

What does this mean for divorcing couples?

With this decision, the Supreme Court’s confirms that:

• Non-matrimonial assets (like pre-marital savings, gifts, or inheritances) are not automatically split in a divorce.
• These assets only become “matrimonial” if they are clearly treated as shared. For instance, when they are used to buy a family home or placed in joint names.
• Transfers made for tax or estate planning reasons don’t count as sharing unless there’s clear evidence of joint intention.

This new ruling is likely to influence how family courts approach divorce financial settlements involving complex wealth, trusts, or transfers between spouses. It also emphasises the importance of clear documentation and legal advice when managing wealth within a marriage.

Why prenups are more important after Standish vs Standish ruling

One of the best ways to protect non-matrimonial assets is through a prenuptial agreement. They’re a way for couples who are planning to marry or enter a civil partnership to agree what should happen to their property, savings, and investments if they separate later.

A well-drafted prenup can help ring-fence pre-marital or inherited wealth, so it’s kept out of any future divorce settlements.

While not automatically binding in England and Wales, courts increasingly give weight to prenups, especially when both parties received independent legal advice.

50/50 split may no longer be the default for dividing property in divorce

The Standish ruling is a reminder that fairness in divorce doesn’t always mean a 50/50 split.

If you’re entering a marriage with significant wealth, or going through a divorce, it’s vital to understand how the law treats different types of property.

If you’re considering a prenup or need advice on divorce financial settlements, our family law team is here to help.