For high-net-worth individuals, one of the most pressing questions in a divorce is ‘what part of my wealth is mine to keep?’. This is the central issue in the case of Standish v Standish, currently awaiting a decision from the UK Supreme Court.
At the heart of the matter is how the courts treat non-matrimonial property, wealth brought into the marriage or acquired independently, such as inherited family money, pre-marital business interests, or trusts. The question is ‘when, if ever, does this become subject to sharing?’
The Standish background
The husband in Standish had brought considerable wealth into the marriage. This included interests in a longstanding family business, which had grown significantly during the marriage. The wife argued that, because of the marriage’s duration and the way their lives had become financially entwined, this non-matrimonial wealth should be shared.
The Court of Appeal found largely in the husband’s favour. They held that non-matrimonial property doesn’t automatically become subject to the sharing principle,a legal concept that says matrimonial assets should usually be divided equally, just because a marriage is long or the couple has a shared lifestyle.
The wife has now appealed to the Supreme Court.
Why this matters
The Standish case could redefine how wealth protection is approached in English divorce law, particularly for business owners, entrepreneurs, or anyone with inherited or pre-marital assets.
Right now, the law distinguishes between:
- Matrimonial property: Typically built up during the marriage and usually shared equally.
- Non-matrimonial property: Brought into the marriage or received independently, and not always shared.
The question the Supreme Court must now address is ‘how and when does non-matrimonial property lose its protected status?’. Is mere passage of time enough? Or must there be some clear act of integration, such as using the wealth for family homes, joint investments, or lifestyle?
What you should know
While we await the final judgment, the Standish appeal is a reminder that ring-fencing wealth in divorce is possible, but not automatic.
If you have pre-marital or inherited wealth:
- Keep clear records of the source and use of your assets.
- Take legal advice early, especially if you’re contemplating marriage or going through divorce.
- Consider tools like pre or post nuptial agreements.
Whether you are going through a divorce or getting married and have significant personal or family wealth, seeking advice early on can make all the difference. Please contact Naim Qureshi, Senior Associate in our Family and Divorce team for a confidential conversation about how we can help protect what matters to you. Call 01494 781356 or email naim.qureshi@blasermills.co.uk.
