Divorce and assets – what Standish v Standish means for separating couples

Standish v Standish explained: guidance on divorce and asset division from the Supreme Court

In July 2025, the Supreme Court delivered its long-awaited decision in Standish v Standish [2025] UKSC 26 – a case that is now being described as one of the most important family law rulings in recent years. So, what happened, and why does it matter for couples going through separation or dealing with divorce and assets?

Background

Mr Standish, a retired banker and former UBS executive, met his wife in 2003. Both had been married previously. They began cohabiting in 2004, married in 2005 and lived in Switzerland and Australia before moving to England in 2010. They had two children together.

The dispute between them centred around a transfer of wealth in 2017. Mr Standish transferred c.£80 million into his wife’s sole name (the ‘2017 Assets’). The understanding at the time was that the money would be used to create two offshore trusts – one for their children and another for tax planning purposes. However, neither of those trusts were ever set up. Instead, Mrs Standish kept the money in her own name and commenced divorce proceedings in 2020.

The arguments

Mrs Standish argued that by putting the 2017 Assets in her name, they effectively became ‘matrimonial’ property meaning they should fall under the sharing principle – the idea that assets built up during the marriage should be shared between spouses on divorce.

Mr Standish disagreed, arguing that the funds were clearly linked to his pre-marital wealth and were only transferred for tax planning and their children’s benefit. In his eyes, they remained ‘non-matrimonial’ and shouldn’t be subject to sharing on divorce.

What did the Courts decide?

The High Court agreed with Mrs Standish, finding that the transfer had ‘matrimonialised’ the 2017 Assets and therefore were be shared between the parties. Mrs Standish was awarded £45 million which was representative of a 60:40 division in Mr Standish’s favour considering that the overall assets totalled £132 million.

Upon appeal by Mrs Standish and subsequently, cross-appeal by Mr Standish, the Court of Appeal rejected Mrs Standish’s argument, agreeing instead with Mr Standish that the 2017 Assets remained non-matrimonial. Mrs Standish’s award was reduced by 45% to £25 million.

Mrs Standish appealed again, taking her case to the UK’s highest court. The Supreme Court unanimously dismissed Mrs Standish’s appeal, upholding the ruling and her award remained at £25 million.

The key principles

Matrimonial vs non-matrimonial property

The ruling has confirmed that although an asset is legally in one spouse’s name, it does not make it automatically ‘matrimonial.’ A qualitative approach must be applied and judges will look at the source of the asset and how a couple treated it during their marriage. A clear intention to share must be evident with the asset being treated as jointly owned for it to be considered matrimonial.

The sharing principle

The sharing principle will only apply to matrimonial assets and will not apply to non-matrimonial assets unless they have been clearly and fully integrated into the marriage. There is no legal right to share property which is found to be non-matrimonial.

Why does this matter for separating couples?

For individuals who have built up wealth prior to marriage, the ruling demonstrates that pre-acquired assets will not automatically be up for division on divorce. There is now clear guidance on the principle of matrimonialisation and the judgement makes clear the importance of clarity of intention when large sums of money or significant assets are to be transferred between spouses.

The case of Standish v Standish has undoubtedly highlighted the importance of pre-nuptial and post-nuptial agreements between couples to clarify how divorce and assets should be treated and in the interests of avoiding protracted litigation in the future.

This landmark decision also reinforces the importance of professional advice on divorce and assets, particularly for high-net-worth individuals or those entering a second marriage where asset protection is a priority.

Family law advice on divorce and assets

At Thomas Mansfield Family Law, we help clients protect what matters most. Whether you are facing questions about divorce and assets, considering a pre-nuptial or post-nuptial agreement or navigating a high net worth separation, our specialist solicitors provide clear, tailored advice.

We work with sensitivity and discretion to resolve disputes and protect your future. Contact us today to speak to one of our family law experts.

Kate Rayner