Standish v Standish: where does the Supreme Court stand?
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Emily Brand, Partner and Head of Family, examines the Supreme Court’s decision in Standish v Standish, a case offering clarification for both matrimonial and tax specialists.
Emily explains that the central question before the Court was whether £77.8 million transferred by Mr Standish to his wife for tax planning purposes should be shared equally on divorce, even though the assets had largely been accumulated by him before the marriage. The Supreme Court concluded that the transfer did not “matrimonialise” the assets, finding that transactions undertaken to save tax do not, without further compelling evidence, demonstrate an intention to share them.
The judgment reduced Mrs Standish’s award by £20 million and confirmed that legitimate tax planning between spouses is unlikely to be unravelled by the Family Court. Emily notes, however, that assets can become matrimonialised if over time they are treated as shared. She emphasises that keeping non-matrimonial property separate and recording the purpose of any inter-spousal transfers within pre- or post-nuptial agreements remains crucial to avoid future disputes.
The full article was published in STEP Journal in October 2025.
