Richard Kershaw comments on wealth protection and divorce law in Tatler
Richard’s comments were featured in Tatler, 29 May 2025, and can be seen here.
Richard Kershaw, Partner in our Family & Relationships department, has provided expert commentary on the high-profile Standish v Standish divorce case, currently before the UK Supreme Court.
This case has attracted national attention for its potential to redefine how courts treat wealth acquired before marriage, particularly when such assets are transferred between spouses during the relationship.
Richard highlights the legal complexities surrounding whether wealth transferred between spouses during marriage, especially for tax-planning purposes, should be considered jointly owned. The case has prompted differing opinions across the courts, and Richard anticipates that the Supreme Court’s ruling will offer much-needed clarity on how such assets should be treated in future divorce proceedings.
He also underscores the broader implications for ultra-high-net-worth (UHNW) individuals and families. While marriage is a personal commitment, he explains, it also creates a complex legal framework with far-reaching financial consequences. Although non-matrimonial assets, such as inherited or pre-marital wealth, are generally protected, they may still be accessed to meet the financial needs of a less wealthy spouse. This can undermine even the most carefully structured financial plans.
While courts typically respect the separation of pre-marital or inherited assets, Richard warns that these can still be drawn upon to meet a spouse’s financial needs. To mitigate such risks, he strongly recommends prenuptial agreements, which can provide clarity and help resolve most separations discreetly and efficiently, without resorting to litigation.
Read the full article on the Tatler website [external link].