Matrimonialisation in divorce law: where are we now?

Martin Davis, 33 Bedford Row

Matrimonialisation—the process of converting non-matrimonial assets into matrimonial property—remains one of the most intricate and contested areas in family law. Recent landmark decisions, notably Standish v Standish, have brought much-needed clarity to this nuanced concept.

In 2024, the Court of Appeal emphasized that the mere transfer of assets into a spouse’s name does not automatically render them matrimonial. The source of wealth remains paramount. As a result, a wife’s claim to half of a £132 million fortune was significantly reduced.

The Supreme Court’s definitive ruling in Standish v Standish [2025] affirmed this cautious approach, confirming that non-matrimonial assets retain their character unless clearly integrated into the marital finances. Matrimonialisation, the Court held, requires strict scrutiny and cannot be assumed lightly.

This article examines why matrimonialisation cases are so challenging to resolve, balancing the needs of fairness and asset protection. It provides a thoughtful analysis of evolving legal principles and recent case law, offering valuable insight for practitioners and clients navigating the complexities of high-net-worth divorce settlements.

Read the full article here.