Standish v Standish – the impact on spousal claims and estates

Standish v Standish [2024] UKSC 10 is a landmark UK Supreme Court decision that clarified how non-matrimonial assets should be treated in divorce and spousal financial claims. 

The Court examined when assets acquired before or outside the marriage, such as inheritances, gifts, or pre-marital property, should fall within the matrimonial pot for division. It reaffirmed the sharing principle from White v White [2001] 1 AC 596 while setting clearer limits on fairness where wealth was not created during the marriage.

The judgment provides new guidance for family lawyers handling asset division and estate planning financial settlements, and estate planning in high-value or complex cases.

The impact of Standish v Standish judgment significantly changes how courts assess spousal claims and financial settlements in divorce proceedings. It clarifies guidance on how inherited, gifted, or pre-acquired wealth should be treated in divorce and financial remedy cases.

For legal practitioners, this decision highlights the need to review asset classification, settlement strategy, and estate planning advice where marriage and wealth intersect.

The Law Society’s Standish v Standish event offers expert analysis from leading family and probate barristers, helping you understand the judgment’s implications and apply it confidently in practice.

This event features leading speakers in family law, financial remedies, and estate disputes, who will offer practical insight into Standish v Standish ruling.

Julia Nelson MCIArb, Head of the Family Team at Parklane Plowden Chambers, is a senior family law barrister with more than 30 years’ experience in financial remedies and complex divorce cases. Andrew Bishop, Partner at Rothley Law, is a family and private client solicitor specialising in asset division and high-value financial settlements. Sarah Harrison, Barrister and Deputy Head of Chambers at Parklane Plowden, is an authority on probate, trusts, and tax matters, including contentious estate disputes.

Together, they will provide specialist insights into Standish v Standish judgment and its practical implications for both family and private client practitioners at this event.

In divorce proceedings, matrimonial assets are those acquired during the marriage through the joint efforts of the spouses, such as the family home, earnings, savings, and pensions. These assets are usually subject to the sharing principle, meaning they can be divided fairly between both parties.

Non-matrimonial assets are typically inherited, gifted, or pre-acquired wealth that originates outside the marriage. Courts may exclude these from the matrimonial pot unless they have been mingled or used for the couple’s shared benefit.

The Standish v Standish judgment provided clearer guidance on how these distinctions should be applied, particularly in high-value financial remedy and estate planning cases.