The term ‘matrimonialisation’ has become widely used in family law circles, especially in recent months with the culmination of the Standish v Standish case in which a couple battled over assets, one arguing that they had become ‘matrimonialised’, and the other that they had not. But what does the term mean in the context of finances on divorce? Partner Joanna Newton explains.
How are finances and assets divided in divorce?
Financial proceedings are a separate process to the act of dissolving a marriage, but hugely important. Marriage automatically interlinks the couple’s assets, and when a couple goes through divorce, their financial ties need to be severed.
Financial division is based on the needs of the couple in the first instance. The starting point is a 50/50 split of all matrimonial assets, also called the matrimonial pot, but this can be deviated from if one person needs more than the other, for example if you’ve worked part time or taken a career break to look after children.
The matrimonial pot is the set of assets a couple shares that have been used for the benefit of the family over the course of the marriage. This could be the family home, the family car, joint bank accounts, etc.
If needs can be met through the matrimonial pot, and there is a surplus, then the sharing principle applies. In this case, the remaining assets will be split 50/50.
What does matrimonialisation mean?
There isn’t a dictionary definition of matrimonialisation, or the verb matrimonialise. However, the term has become jargon in financial proceedings. What lawyers and courts mean by it is that an asset, e.g. money, property, shares etc, have become part of the matrimonial pot and therefore should be subject to division when a couple goes through divorce.
There is debate over how something becomes matrimonialised and this is not always a black and white area. However, the general principle is that matrimonial assets are the product of the couple’s joint endeavour. Matrimonialisation happens when there is a transformation of an asset from non-matrimonial to matrimonial.
For example, one person owns a house in their sole name. The couple live in the home together and raise children there. Although the house is still owned in one person’s name, this will likely be considered a matrimonial asset because it has been used for the benefit of the family over the course of the marriage.
Standish v Standish
Standish v Standish [2025] UKSC 26 is a recent Supreme Court judgment that investigated matrimonialisation. Central to the dispute was a transfer of a significant sum from the Husband to the Wife, on the basis that this money (c. £77m) would be held in trusts for their two children. At the time the couple divorced, the money was still held in the Wife’s sole name.
The Wife argued that the money had become matrimonialised by virtue of the transfer, but the Husband argued that it had not. The case went to the High Court, the Court of Appeal and eventually the Supreme Court.
The Supreme Court decided to uphold the decision of the Court of Appeal, that the assets were not matrimonial property and therefore the sharing principle should not be applied. This judgment was a significant moment in family law, as it is the first time that the Supreme Court has issued guidance on the treatment of matrimonial vs non-matrimonial property and provided a legal framework for understanding matimonialisation.
Read more about the Standish v Standish case.
Matrimonialisation in the future
So, what does this mean for couples going through financial proceedings in divorce?
The important thing to note about how assets are matrimonialised is when they are either created or become shared by the couple, like in the example of the property becoming a family home above. Intention and action will be looked at by the court if there is dispute over assets.
If there is an asset you feel strongly about protecting, the best way to do this is by getting a prenuptial or postnuptial agreement. An expert family lawyer can draw up an agreement explaining ownership of assets and what should happen to them if you and your (future) spouse break up. Seeking independent financial advice is also hugely important.
However, nuptial agreements are not legally binding and fairness to both people will always be paramount.
Useful Links
Prenuptial agreement mistakes and how to avoid them
How are businesses split in divorce?
What is a financial settlement and how does it work?
Law Commission publishes scoping report on financial remedies
How to protect your money during divorce
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