Family lawyers will look on with heightened interest as the Supreme Court hears the case Standish vs. Standish. The Supreme Court will confirm how pre-marital wealth and transfers between spouses are to be treated on divorce.
The court will consider whether a £77m transfer between spouses during the marriage should be treated as a matrimonial asset or ringfenced as part of long-term estate planning.
In this case, Clive Standish, a retired UBS banker, and his former wife, Anna Standish, were married in 2005 before divorce proceedings were issued in 2020. During lengthy proceedings before the Family Division of the High Court and the Court of Appeal, the parties have argued as to how the transfer of £77m Mr Standish made to Mrs Standish should be treated. On the facts of this case, it seems that the transfer took place as part of estate planning, but the estate planning work was not completed.
In May 2022, Mr Justice Moor, sitting in the Family Division of the High Court, classified the transferred assets as ‘matrimonial property’ and awarded Mrs Standish £45m.
Mr Standish appealed the decision, and in May 2024, the Court of Appeal reduced this sum to £25m in May 2024 emphasising the importance of the source of wealth, in this case referencing that the majority of Mr Standish’s assets were in existence before his marriage to Mrs Standish.
Mrs Standish has now appealed the Court of Appeal’s decision, and the Supreme Court will now consider her appeal.
“Many cases involve disputes as to how pre-martial wealth and subsequent transfers between spouses is to be dealt with on divorce. It had been thought that the legal position had been clarified by the Court of Appeal in the case of Standish. The Court of Appeal clarified that that inter-marital transfers does not necessarily make them matrimonial or joint property available for sharing on divorce.
If the Supreme Court agrees with the lower court, it will provide additional protection to the wealthier party.
The Court of Appeal was very much a departure from the established status quo and created a new set of legal principles. It remains to be seen what view the Supreme Court will come to but its landmark decision will provide much needed clarity.”
– Daniel Jones, Family Law Partner
Contact us for assistance
Need Expert Family Law Advice?
For all Family Law-related queries, contact our dedicated Family Law team. We provide expert guidance on complex matters, including divorce, asset division, and wealth protection, across our offices in Liverpool, Manchester, and Leeds.
Our experienced Family Law Partners, Daniel Jones and Judith O’Brien, are here to help. Please do not hesitate to reach out for support and trusted legal advice.
You can call us on 0151 958 0057 or email us at enquiries@prosperitylaw.com to speak with a member of our team.
Let us help you move forward with clarity and confidence.
