Writing in NLJ this week, Sean Hilton and Penny Marshall of Stevens & Bolton dissect the Supreme Court’s landmark ruling in Standish v Standish, which clarifies how non-matrimonial assets are treated in divorce. The ruling is a wake-up call for high-net-worth clients and their advisers: behaviour, not just structure, now defines asset protection
The case, involving a £77.8m asset transfer that was never settled into trusts, saw the wife’s award slashed from £45m to £25m on appeal—the largest such reduction in English legal history. The judgment confirms that ownership or interspousal transfers alone don’t ‘matrimonialise’ assets; usage and treatment during marriage are key. Nuptial agreements remain vital but not fool-proof, with courts retaining discretion.
The authors urge advisers to prioritise early planning, clear documentation, and cross-disciplinary collaboration. The ruling reshapes the legal landscape, demanding a more strategic, transparent, and educational approach to wealth management in marriage.
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