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Standish: Intention trumps ownership in a divorce

The Supreme Court’s decision in Standish marks a major moment in family law, offering long-awaited clarity on how non-matrimonial assets are treated on divorce. 

At the heart of the case was a £77.8m transfer between spouses which was ultimately ruled largely non-matrimonial due to its origin and a lack of intention to share the sum. In this judgment, the Court clarified that it’s not just about who owns what, but how assets are used and understood during the marriage. 

For family lawyers, estate planners, and advisers, the message is clear - early advice, clear records, and joined-up thinking are more important than ever. 

If you would like more information or require advice, please contact a member of our family team. 

The key takeaway is that how an asset is treated during the marriage matters just as much as how it is owned. Clients should take early legal advice, keep non-matrimonial assets separate, and clearly record their intentions. Nuptial agreements are more important than ever, and Standish is likely to trigger a surge in enquiries.

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family, articles