Standish v Standish is a significant case in English family law, particularly in the area of financial remedies following divorce. It addressed the role of non-matrimonial property and the extent to which inherited or pre-acquired assets should be considered in financial settlements under section 25 of the Matrimonial Causes Act 1973.
The Case
Mr and Mrs Standish had a long marriage, during which Mr Standish inherited substantial wealth from his family. Much of this wealth was kept separate from the family’s day to day finances and was not intermingled with matrimonial assets. Upon divorce, the key issue was the treatment of Mr Standish’s inherited assets in determining the financial settlement.
The central legal question was whether and to what extent the husband’s inherited wealth should be shared with the wife, given that it had not been used for the benefit of the family during the marriage.
The Judgment
The Court held the following:
- Inherited assets are not automatically excluded from the matrimonial pot, but the source of the asset is a relevant factor under section 25.
- The fact that the marriage was long and that there were no pressing financial needs meant that some weight should be given to the non-matrimonial origin of the assets.
- However, there is no rigid rule fairness remains the overarching principle, and all the circumstances must be considered.
The wife was awarded a smaller share than would have been the case had the assets all been acquired during the marriage.
The Significance of this case
Standish v Standish reinforces that non-matrimonial property, such as inherited or pre-marital wealth, can be treated differently.
The case is frequently cited to support the principle that:
“Where inherited assets are kept separate and not used for the benefit of the family, they may be partially or wholly excluded from division.”
However, it also confirms that discretion remains with the court, and fairness takes precedence over strict categorisation.
Contact
If you would like more information or wish to discuss this topic further, please feel free to contact Monika Brar at JPC for a free initial 30-minute consultation.
Email: mbrar@jpclaw.co.uk
Tel: 020 7644 6305
