Second marriages and blended families bring joy, companionship, and complexity. When it comes to protecting family wealth, especially assets intended for children from previous relationships, nuptial agreements are more important than ever. The recent Supreme Court decision in Standish v Standish [2025] UKSC 26 has reinforced their value in safeguarding non-matrimonial property and ensuring fair outcomes in divorce.
Why Second Marriages Require Special Planning
In second marriages, individuals often enter the relationship with:
- Significant pre-marital assets
- Children from previous relationships
- Family businesses or trusts
- Inheritance expectations
Without a nuptial agreement, these assets may be treated as matrimonial property, especially if they become intermingled during the marriage. This can result in unintended consequences, such as children losing out on inheritance or family wealth being divided in ways that conflict with the original intent.
The Legal Framework: Section 25 and the Sharing Principle
Under Section 25 of the Matrimonial Causes Act 1973, courts must consider all circumstances when making financial orders. This includes the needs, compensation, and sharing principles. The sharing principle generally applies to matrimonial property, but the boundaries between matrimonial and non-matrimonial assets have long been debated.
Standish v Standish: A Landmark Clarification
In Standish v Standish, the Supreme Court addressed whether assets transferred between spouses for tax planning purposes could retain their non-matrimonial character. Both Mr and Mrs Standish had been married before. The husband had transferred £80 million in investments to his wife’s sole name to mitigate inheritance tax. These assets were intended to be placed in trust for their children—but the trust was never created.
When the marriage broke down, the court had to decide whether these assets should be shared. The Supreme Court held that:
- The origin of the assets as non-matrimonial was not enough.
- The intention and conduct during the marriage mattered.
- The transfer and retention of the assets in the wife’s name “matrimonialised” them.
This judgment confirms that non-matrimonial property can become matrimonial through actions taken during the marriage, even if the original intent was to protect family wealth.
How Nuptial Agreements Can Help
Nuptial agreements allow couples to:
- Ring-fence pre-marital and inherited assets
- Clarify intentions around gifts and trusts
- Protect children’s inheritance
- Avoid costly litigation and uncertainty
In second marriages, they are especially useful for:
- Preserving wealth for children from previous relationships
- Managing expectations between spouses
- Aligning legal and financial planning
How We Support You
At Nelsons Solicitors, we work with clients and their advisers to:
- Draft bespoke nuptial agreements tailored to family structures
- Provide guidance on asset protection and tax planning
- Ensure agreements are legally robust and emotionally sensitive
If you or your family would like guidance on how to approach these discussions, we’re here to help.
How can we help?
Emma Davies is a Partner in our Family Law team, which is ranked in Tier One in the independently researched publication, The Legal 500.
Emma specialises in divorce and financial settlements, which involve complex issues and substantial assets. She also advises on pre- and post-nuptial agreements, cohabitation agreements and separation agreements, along with private law Children Act disputes. Emma is a qualified collaborative law and Resolution Together practitioner.
If you need further advice on the subjects discussed above, please contact us and we will be happy to discuss your circumstances in more detail and give you more information about the services that our family law solicitors can provide, along with details of our hourly rates and fixed fee services.
For more information or advice, please call Emma or another member of our team in Derby, Leicester or Nottingham on 0800 024 1976 or contact us via our online form.
Contact us