Richard Kershaw discusses differing legal opinions on matrimonial assets in The Times
Richard’s article was published in The Times, 14 May 2025, and can be seen here.
Richard Kershaw, Partner in our Family & Relationships department, comments on the landmark UK Supreme Court case Standish v Standish, which addresses whether pre-marital wealth can become matrimonial property subject to division upon divorce.
The case arises from a dispute between Mrs Standish and her former husband, a wealthy banker, over a £132 million asset pool. Initially, the High Court ruled that Mr Standish’s pre-marital assets had become matrimonial, awarding Mrs Standish £45 million. However, the Court of Appeal overturned this, reducing her award to £25 million, prompting her appeal to the UKSC.
At the heart of the case is the legal tension between the “source” of wealth and the “title” to it. In 2017, Mr Standish transferred £80 million to his wife as part of a tax planning scheme, with the understanding it would be placed in trust. She instead claimed it as hers during divorce proceedings.
The Court of Appeal held that the origin of the assets remained non-matrimonial despite the transfer, emphasising that ownership alone does not determine asset classification. The Supreme Court’s decision, expected later this year, could reshape how matrimonial assets are defined and divided in future divorces.
Read the full article on The Times website [subscription required].