Standish (Appellant) v Standish (Respondent)

Hearing listed

Case summary
Appeal
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Case summary

Case ID

UKSC/2024/0089

Parties

Appellant(s)

Anna Catherine Standish

Respondent(s)

Clive Thomas Standish

Issue

When does non-matrimonial property become matrimonial property in the context of financial remedy proceedings, and how should the sharing principle be applied to such property?

Facts

This appeal arises out of proceedings brought under the Matrimonial Causes Act 1973 for the division of assets upon divorce. It concerns the classification of property as either matrimonial or non-matrimonial, and the application of the “sharing principle” to that property in financial remedy proceedings. The parties are very wealthy. In or around April 2017, prior to their divorce, Mr Standish (“the husband”) transferred to Mrs Standish (“the wife”) investments with a total value of £77.8 million as part of a tax planning scheme. Those assets had originally been the husband’s non-matrimonial property. The trial judge held that those assets were matrimonial property. He divided the matrimonial property unequally (60/40) in the husband’s favour to reflect the fact that it was derived from an unmatched contribution by the husband. The wife was awarded assets worth £45 million and ordered to transfer to the husband the other assets owned by her. The Court of Appeal allowed a cross-appeal by the husband. It held that the assets transferred to the wife in 2017 were not transformed into matrimonial property. It held that at least 75% of the 2017 assets were not matrimonial, and therefore reduced the wife’s total award by 40% to £25 million. The wife now appeals to the Supreme Court.