header-logo header-logo

Sharing principle clarified in divorce

29 May 2024
Issue: 8073 / Categories: Legal News , In Court , Family , Divorce
printer mail-detail

A wife’s award has been reduced from £45m to £25m in a landmark decision on the sharing principle and the treatment of pre-marital wealth

In Anna Catherine Standish v Clive Thomas Standish [2024] EWCA Civ 567, the husband had amassed most of his £132m fortune in banking before the couple married, in 2005. The husband retired in 2007, the wife was a homemaker and the couple have two children together.

All the wealth, apart from two joint bank accounts and the £20m matrimonial home, was held solely in the husband’s name until 2017 when, for tax reasons, the husband transferred £77m to the wife with the expectation this would be placed in a trust for the children. However, the wife commenced divorce proceedings in 2020, still in possession of the £77m (now £80m).

The wife argued that ownership or title should be the determinative factor, where assets created prior to the marriage were held in her name at the time of divorce. The husband contended the source of the assets was the critical factor and they should be treated as non-matrimonial property due to their provenance long before the marriage.

In a unanimous judgment, the Court of Appeal rejected the wife’s appeal and granted the husband’s appeal. The wife’s sharing entitlement was reduced on the husband’s cross appeal by 45% of that awarded at first instance.

The court has remitted the case to the High Court for a ‘needs’ assessment should the parties be unable to reach agreement.

Lucy Stewart-Gould, partner at Stewarts, representing Mr Standish, said the judgment ‘properly reflects the fact that the substantial wealth in this case was generated almost entirely by his work prior to the marriage. The Court of Appeal has confirmed that endeavour and source of wealth are central considerations in such cases. Title is no guide to a fair outcome and, indeed, risks being discriminatory—as has long been recognised in this jurisdiction.’

Sam Longworth, partner at Stewarts, said: ‘The Court of Appeal’s judgment is thorough and provides clarity in respect of aspects which have created significant amounts of dispute and litigation between divorcing couples in recent years.’

Issue: 8073 / Categories: Legal News , In Court , Family , Divorce
printer mail-details

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll