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

Lancashire engineering firm teams up with Icelandic energy company Ritherdon deal with Icelandic energy company

Lancashire engineering firm teams up with Icelandic energy company

06 Mar 2026

2

Burnley chosen for second-ever digital and tech festival Leon Caverley Door4 Mark Edwards Seriun Cat Mawdsley Northern Reach Dave Walker and Liz Wilkinson Brandlifi

Burnley chosen for second-ever digital and tech festival

05 Mar 2026

3

CRC Evans accelerates global growth strategy Steven Mackay

CRC Evans accelerates global growth strategy

05 Mar 2026

4

Star Academies set to anchor £45m Blackburn town centre scheme The regeneration in Blackburn

Star Academies set to anchor £45m Blackburn town centre scheme

05 Mar 2026

5

Forbes buys specialist employment practice in growth move Pauline Wild, Nick Jones, Jonathan Holden, Dan Bickerstaffe,Simon Ost

Forbes buys specialist employment practice in growth move

04 Mar 2026

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
LBV127 March/April Magazine Networking Event
Jan/Feb Networking Event - Closer up
Networking
19 Mar 2026

LBV127 March/April Magazine Networking Event

Salmesbury Hall, Preston New Road, Lancashire, PR5 0UP

08:30 - 10:30

AI & Cybersecurity Summit
AI and Cybersecurity Logo
Summit
28 Apr 2026

AI & Cybersecurity Summit

Dunkenhalgh House , Blackburn Road, Clayton Le Moors, BB5 5JP

08:30 - 11:00

Sub36 Networking - Outdoor Elements
Sub36
Networking
29 Apr 2026

Sub36 Networking - Outdoor Elements

Outdoor Elements, Pump House Dean Wood, Trapp Lane, Burnley, BB12 7JD

09:00 - 11:00

LBV128 May/June Magazine Networking Event
Jan/Feb networking event - hands up image
Networking
14 May 2026

LBV128 May/June Magazine Networking Event

Lancashire

08:30 - 10:30

LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Lancashire

08:30 - 10:30

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

Lancashire

08:30 - 10:30

LBV131 November/December Magazine Networking Event
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Bay Hospitality Forum
Logo.jpg.jpg
LBV Hub Networking
11 Mar 2026 - 11 Mar 2026

Bay Hospitality Forum

Lancaster & Morecambe College, Lancaster, LA1 1TZ

10:00 - 12:00

Red Rose Awards 2026
Rra26 Logo315x315
Awards
12 Mar 2026

Red Rose Awards 2026

Winter Gardens Blackpool

18:00 - 02:00

Payroll Update 2026 Red Hall Hotel
Payroll calculator new.jpg.jpg
LBV Hub Seminars
13 Mar 2026 - 13 Mar 2026

Payroll Update 2026 Red Hall Hotel

Red Hall Hotel, Bury, BL9 5NA

08:00 - 10:00

Chamber Business Lunch with guest speaker – John Pye, Eden Project Morecambe
Logo.jpg.jpg
LBV Hub Dinners / Balls
13 Mar 2026 - 13 Mar 2026

Chamber Business Lunch with guest speaker – John Pye, Eden Project Morecambe

Morecambe Football Club, Morecambe, LA4 4TB

11:00 - 14:00

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