What the Supreme Court’s Decision in Standish v Standish Means for Divorcing Couples

Today’s Supreme Court ruling in Standish v Standish is a landmark decision that will shape how family courts divide wealth in divorce cases – especially when one spouse brings significant assets into the marriage.

At the heart of the case was a key question: When does non-matrimonial property (like inherited wealth or pre-marital assets) become part of the “matrimonial pot” to be shared on divorce?

The Background

Mr and Mrs Standish were a wealthy couple. Before their divorce, Mr Standish transferred £77.8 million in investments to Mrs Standish in 2017 as part of a tax planning scheme. The original source of those assets was Mr Standish’s non-matrimonial wealth.

The lower courts disagreed on whether those assets had become matrimonial property. The Court of Appeal ruled that most of the assets remained non-matrimonial, reducing Mrs Standish’s award significantly. She appealed to the Supreme Court.

What the Supreme Court Decided

The Supreme Court upheld the Court of Appeal’s decision. It clarified that just because non-matrimonial assets are transferred between spouses during a marriage, that doesn’t automatically make them matrimonial. The court must look at the intention behind the transfer and whether the assets were truly integrated into the shared life of the couple.

This means that wealth brought into a marriage can remain protected, even if it changes hands during the relationship – unless there’s clear evidence that both parties intended to share it.

Why This Matters

For anyone going through a divorce, especially where significant assets are involved, this decision is crucial. It reinforces that:

• Not all assets are automatically shared – the source and intention behind them matter.
• Pre-marital and inherited wealth can be protected, depending on how it’s treated during the marriage.
• Legal advice and careful planning are more important than ever, especially when transferring or mingling assets.

If you’re concerned about how your assets might be treated in a divorce, or if you’re planning for the future, contact one of our expert family law specialists today to discuss your circumstances and how we can help.