Anna’s article was published in Solicitors Journal, 14 July 2025, and can be seen here.
Anna Roiser, Senior Knowledge Partner in our Family & Relationships department, explores the Supreme Court’s landmark decision in Standish v Standish [2025] UKSC 26, which redefines the circumstances under which non-matrimonial assets may become subject to sharing on divorce.
The ruling marks the first time in nearly two decades that the UK’s highest court has addressed the distinction between matrimonial and non-matrimonial property. While the judgment offers some clarification, it also introduces new uncertainties and underscores the need for a broader review of financial remedy law.
The case centred on whether £80 million transferred by Mr Standish to his wife for tax planning purposes had become “matrimonialised.” While the High Court initially ruled that the assets had changed character and should be shared unequally, the Supreme Court disagreed. It reformulated the test for matrimonialisation, focusing on whether the parties had treated the asset as shared over a sufficiently long period. The court found no evidence that the couple had done so, emphasising that the transfer was intended solely for inheritance tax mitigation and the benefit of their children.
This new test replaces earlier criteria such as “mixing” assets with matrimonial property, placing greater emphasis on the parties’ conduct and intentions over time. However, the judgment leaves key questions unanswered, particularly what it means to “treat” an asset as shared. The lack of clarity may lead to increased evidentiary burdens in future cases, requiring spouses to demonstrate how their approach to assets evolved throughout the marriage.
Anna also highlights broader concerns raised by the ruling, including its implications for economic abuse and autonomy within relationships. The decision may inadvertently disadvantage spouses who encouraged joint use of assets without understanding the legal consequences. As the Law Commission and family law practitioners call for reform, the Standish judgment brings renewed urgency to the debate over fairness, transparency, and predictability in financial remedy proceedings.
Read the full article on the Solicitors Journal website [external link].