header-logo header-logo

10 October 2025 / Katherine Harding , Charlotte Finley
Issue: 8134 / Categories: Features , Family , Property , Tax , Divorce
printer mail-detail

Shrinking the pot?

In Standish v Standish, the Supreme Court narrowed what counts as matrimonial property: Katherine Harding & Charlotte Finley explore what this might mean for Inheritance (Provision for Family & Dependants) Act 1975 claims
  • The distinction made in Standish v Standish between matrimonial and non-matrimonial property may affect Inheritance (Provision for Family and Dependants) Act 1975 claims, particularly the ‘divorce cross-check’ test, by limiting what assets are considered shareable.
  • Courts may place greater weight on the origin and treatment of assets (eg family businesses, inherited wealth, or tax-planned structures), potentially reducing awards unless strong needs-based claims are established.

There has been a great deal of discussion about the recent Supreme Court case of Standish v Standish [2025] UKSC 26 and the impact it will have on financial remedy (divorce) proceedings. In this article we take a slightly different approach and examine the wider implications of the decision, specifically in relation to claims under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act). These claims

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll