Standish v Standish

Additional names

ARQ v YAQ

Subject Matter

MARRIAGE — Financial provision — Premarital wealth — Large proportion of wealth brought to marriage by husband’s earlier endeavours — Husband transferring assets held in sole name to wife for tax purposes — Whether such assets to be treated as matrimonial funds on breakdown of marriage — Whether to be divided equally — Matrimonial Causes Act 1973 (c 18), s 25

[2022] EWFC 128; [2022] 4 WLR 112; [2022] WLR(D) 442, Fam Ct

MARRIAGE — Financial provision — Pre-marital wealth — Large proportion of wealth brought to marriage by husband’s earlier endeavours — Husband transferring assets held in sole name to wife for tax purposes — Whether such assets to be treated as matrimonial funds on breakdown of marriage — Whether such assets to be divided equally — Matrimonial Causes Act 1973 (c 18), s 25

[2024] EWCA Civ 567; [2024] 4 WLR 60; [2025] 1 All ER 26; [2024] 2 FLR 966; [2024] WLR(D) 309, CA

MARRIAGE — Divorce — Financial provision — Husband transferring assets held in his sole name to wife — Assets transferred in order to avoid tax and with intention that wife would establish trusts for benefit of children of marriage — Wife failing to establish trusts by time of divorce — Whether assets becoming matrimonial property by virtue of transfer — Whether subject to sharing principle — Matrimonial Causes Act 1973 (c 18), s 25

[2025] UKSC 26; [2025] 3 WLR 155; [2026] 1 All ER 1; [2025] 2 FLR 489, SC(E)

Appellate History

Standish v Standish [2022] EWFC 128; [2022] 4 WLR 112; [2022] WLR(D) 442, Fam Ct

Decision of Moor J reversed

Standish v Standish [2024] EWCA Civ 567; [2024] 4 WLR 60; [2025] 1 All ER 26; [2024] 2 FLR 966; [2024] WLR(D) 309, CA

Standish v Standish [2024] EWCA Civ 567; [2024] 4 WLR 60; [2025] 1 All ER 26; [2024] 2 FLR 966; [2024] WLR(D) 309, CA

Decision of the Court of Appeal affirmed

Standish v Standish [2025] UKSC 26; [2025] 3 WLR 155; [2026] 1 All ER 1; [2025] 2 FLR 489, SC(E)

Commentary

Financial Remedies Journal
Standish – the Narrowing of ‘Matrimonialisation’ Case comment

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