If you’re going through divorce (or thinking about it), a recent Supreme Court case called Standish v Standish may have a big impact on how your assets are treated.
What Happened in the Case?
Mr and Mrs Standish were divorcing after a long marriage. During the relationship, Mr Standish had transferred around £77 million to his wife but said this was for tax planning to benefit their children, not because he wanted her to own the money.
Mrs Standish disagreed, saying the assets had become part of their shared marital property, and she should get half under divorce law.
The Supreme Court didn’t agree – they said the money was not automatically shared just because it was transferred. She received a smaller share than expected.
Why Does This Matter to You?
The court drew a firm line between matrimonial property (what you build together during the marriage) and non-matrimonial property (what one person brings into the marriage, or is gifted or inherited).
Here’s what the case means for families dealing with separation:
- Not Everything Is Shared
Just because your spouse transferred something to you – like a house, investments, or business assets – doesn’t mean the court will treat it as shared unless there’s clear evidence that it was meant to be.
- Tax Planning Isn’t Sharing
If money was moved between partners as part of estate or tax planning, that doesn’t automatically make it fair game in divorce. The courts will look at the intention behind the transfer.
- What You Do With Property Matters
Did you treat the asset as a joint resource? Use it together? Refer to it as “ours”? That matters. If the court sees that you both treated something as shared, they may divide it that way even if it was once considered non-matrimonial.
- Legal Protection Is Crucial
If you want to keep certain assets protected, make sure your intentions are clear and well-documented. Prenuptial and postnuptial agreements are more important than ever.
Real-World Takeaway
This case may feel distant, but the message is simple: how you treat your assets during the marriage counts. Divorce isn’t just about numbers on a page – it’s about history, intention, and fairness.
If you’re unsure what applies to your situation, speak with one of our family lawyers. The earlier you seek advice, the better your chances of a fair outcome. Our friendly, experienced team at our Castleford office would be happy to help. Please give us a call on 01977 557 171 or email hello@isonharrison.co.uk.
