The Law Society Gazette quotes Miranda Fisher on the upcoming Supreme Court Standish v Standish judgment
min readThe Supreme Court is poised to rule in a case which should clarify the law in relation to the treatment of non-matrimonial property.
The judgment, expected to be handed down at 9.45am on Wednesday 2 July, has been described by family lawyers as a ‘key Supreme Court decision in family law’ which could have ‘significant implications…particularly where large sums or trusts are involved’.
Ahead of the judgment, Miranda Fisher, Family Partner, comments for the Law Society Gazette:
This case will be a key Supreme Court decision in family law. We have seen, in line with societal change, the growing importance and regularity of nuptial agreements and more recent family court decisions, that pre marital or non matrimonial wealth will be of the utmost importance in a big money case where the court is looking at sharing arguments. The Court of Appeal has said a narrow approach needs to be taken when considering whether assets, originally in one party’s name become ‘matrimonialised’, and it will be interesting to see if the Supreme Court agrees with this on Wednesday and upholds the £20m reduction in award – heralding a victory and making a clear statement for the wealthier spouse. Notwithstanding the quantum of the reduction in award, given the transfer was made in 2017, only some three years before the divorce was initiated and following tax planning advice, Mrs Standish may have a more difficult argument to run to convince the court otherwise although they may review the quantum of her award.
Read the full piece in the Law Society Gazette here.
