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NLJ this week: Supreme Court draws line on matrimonial assets

01 August 2025
Issue: 8127 / Categories: Legal News , Divorce , Family , Legal services
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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.

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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