‘Matrimonialisation’ in Standish v Standish: new word, new battlegrounds?

Abstract

This case note offers a critical analysis of the United Kingdom Supreme Court’s widely noted decision in Standish v Standish, exploring its implications for the conceptual boundaries between matrimonial and non-matrimonial assets. The judgment introduces and affirms the concept of ‘matrimonialisation’, offering clearer guidance on when or whether non-matrimonial property might fall within the pool of ‘divisible’ shared assets available for carving up following divorce or dissolution. While the decision brings greater definitional clarity, it perhaps does so at the expense of deeper engagement with equitable principles. We argue that Standish does at least reflect a turn towards greater, more formalised clarity in relation to familial assets protection. However, it leaves unresolved important questions about the status of such assets once they are earmarked by a common intention or transferred for shared or familial purposes. We consider the potential long-term effects of Standish on such practical matters as ancillary relief litigation and succession planning.