Standish v Standish Supreme Court ruling: implications for future UK divorce proceedings

Standish-v-Standish.jpg.jpg

A Supreme Court ruling this week in a high-profile UK divorce case could set an important precedent for divorce law, raising questions about how assets are divided among separating couples.

David Connor, director and head of family law at Woodcocks Haworth and Nuttall (WHN) Solicitors, summarises the case and its potential implications.

Background

The case involved Clive Standish, former chief financial officer at UBS and owner of significant sheep farming interests in Australia. Clive married Anna Standish in 2005 and the couple moved with their children to the UK in 2010. They separated around 2020 and divorce proceedings began in April that year.

At the time of separation, the marital assets were estimated to be around £132m, a large of proportion of which had grown from wealth Mr Standish had gained before the marriage.

In 2017, Mr Standish transferred around £78m of assets to his wife. The couple had reportedly agreed this was to benefit their children and was transferred to Mrs Standish as part of an initial tax planning exercise to mitigate against inheritance tax.

When the marriage broke down, Mrs Standish argued she was entitled to a proportion of this £78m assets as they had become matrimonial property.

The legal cases

The case debated the process of matrimonialisation in divorce proceedings, ie the point at which assets brought into a marriage become shared and where the starting point would be to divide equally during divorce proceedings.

  • Matrimonial assets are those acquired by either party during a marriage and are regarded as part of the couple’s joint endeavours. This could include the family home, pensions, savings, or savings built up together during the marriage. These are generally subject to equal division, unless there are other circumstances such as needs, for example, the provision of a suitable home for one party to raise the couple’s children.
  • Non-matrimonial assets are those received by one party before the marriage, such as inheritance or previous wealth, or gifts received by a spouse during the marriage. They are generally excluded from the sharing principle in divorce

Previous rulings

Initially, the High Court ruled in Mrs Standish’s favour, determining the transferred assets had become matrimonialised, and awarded her £45m.

Mr Standish appealed this, and the Court of Appeal then reduced this to £25m, arguing 75 per cent of £78m transferred assets remined non-matrimonialised. It determined that given the circumstances for the transfer of assets, this transfer did not matrimonialise the assets.

The 75 per cent reflected that fact that the Court of Appeal determined the remaining 25 per cent of the assets were matrimonial, due to a number of factors including that Mrs Standish worked during a proportion of the marriage.

Mrs Standish appealed this verdict to the Supreme Court, which has now dismissed her appeal, upholding the decision of the Court of Appeal.

Implications

While in Standish v Standish, the sums being discussed represent significant values, all assets can be subject to becoming matrimonialised during a marriage, including land, jewellery, antiques and other forms of wealth. Therefore, the case has implications for divorcing couples across the UK in the division of assets.

The ruling establishes a principle that a transfer of assets does not necessarily mean that non-matrimonial property becomes matrimonial and that the circumstances, ie whether the assets have been treated as shared during the course of a marriage, are the key determining factor.

The judgement underlines the importance for those involved in divorce proceedings to seek expert legal advice, particularly where one party has brought significantly more wealth than the other into the marriage, or specific assets which they wish to keep after the divorce is finalised.

David Connor is a director based at WHN’s Rawtenstall office. He leads a team of specialist family lawyers, helping individuals on all areas of family law including complex financial cases including pre-nuptial agreements, financial settlements in divorce and separation.

If you need help on a divorce and finances matter, our specialist solicitors are here to help. Please contact David on 01706 225621 or by email [email protected].

Enjoyed this? Read more from Woodcocks Haworth & Nuttall Solicitors

Latest news

1

Double digit promotions across Napthens Group 10 promotions at Napthens Group

Double digit promotions across Napthens Group

03 Oct 2025

2

Tourism Unsung Hero finalists revealed Jenny Moss Kate Pollard Peter Martland Andy Black

Tourism Unsung Hero finalists revealed

01 Oct 2025

3

Basil's in the pink Basil Newby

Basil's in the pink

30 Sep 2025

4

Celebrating the Women building Britain’s business future at The Enterprise Vision Awards The 2025 Enterprise Vision Award winners

Celebrating the Women building Britain’s business future at The Enterprise Vision Awards

30 Sep 2025

5

Business School recruits three industry leaders University of Lancashire recruit business leaders Rob Binns, Miranda Barker and Marcello Trovati new

Business School recruits three industry leaders

30 Sep 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

The Future of Work: Tech, teams and thriving in a changing world
Oct PTC.png.png
LBV Hub Networking
07 Oct 2025 - 07 Oct 2025

The Future of Work: Tech, teams and thriving in a changing world

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Chamber Breakfast Networking – October
Lancs-cham-logo.jpg.jpg
LBV Hub Networking
07 Oct 2025 - 07 Oct 2025

Chamber Breakfast Networking – October

Soul Bowl, Morecambe, LA4 4BU

08:00 - 10:00

HR Recharge: Empowering today’s workforce, transforming tomorrow’s workplace
Muted Blue (4).png.png
LBV Hub Seminars
08 Oct 2025 - 08 Oct 2025

HR Recharge: Empowering today’s workforce, transforming tomorrow’s workplace

Crow Wood Hotel & Spa Resort, Burnley, BB12 0RT

08:30 - 13:30

Empowering Franchise Growth in the North West
Empowering Franchise Growth in the North West event
LBV Hub Seminars
09 Oct 2025 - 09 Oct 2025

Empowering Franchise Growth in the North West

Forbes Solicitors, Sceptre Way, Walton Summit Centre, PR5 6AW, PR6 6AW

08:00 - 10:00

Empowering franchise growth in the North West
TFA Event - Empowering Franchise Growth.jpg.jpg
LBV Hub Seminars
09 Oct 2025 - 09 Oct 2025

Empowering franchise growth in the North West

Forbes Solicitors Sceptre Way Walton Summit Centre , Preston, PR5 6AW

08:00 - 10:00

Advantage: AI – A Workshop for Business Leaders – Oct 10th
Ai 10.10.png.png
LBV Hub Seminars
10 Oct 2025 - 10 Oct 2025

Advantage: AI – A Workshop for Business Leaders – Oct 10th

Door4 Office, Burnley Wharf, Burnley, BB11 1JG

09:00 - 12:00

The New Employee Rights Landscape: Day One Compliance Essentials
EventBrite NORi - 15th Oct 2025 Webinar.png.png
LBV Hub Webinar
15 Oct 2025 - 15 Oct 2025

The New Employee Rights Landscape: Day One Compliance Essentials

Microsoft Teams, Microsoft Teams, PR253XH

13:30 - 15:00

Unlocking major project opportunities in the North West
Lancs-cham-logo.jpg.jpg
LBV Hub Seminars
15 Oct 2025 - 15 Oct 2025

Unlocking major project opportunities in the North West

Strathmore Hotel, Morecambe, LA4 5AP

08:00 - 10:00

The Business Network Central & East Lancashire
LBV Header (26).png.png
LBV Hub Networking
16 Oct 2025 - 16 Oct 2025

The Business Network Central & East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin