Anticipating the Supreme Court’s Judgment in Standish: A Pivotal Moment for Family Law

Last week, I had the pleasure of attending the annual 1 Hare Court seminar, where family law professionals gathered to hear insights into some of the most important issues shaping our field. One of the most anticipated moments of the day centred on the upcoming Supreme Court decision in Standish—a case that could redefine key aspects of financial remedy law.

The Standish appeal goes to the heart of how we understand and apply the concepts of matrimonial and non-matrimonial property. It raises profound questions about whether, and how, non-matrimonial assets become “matrimonialised” over time, particularly in long marriages where assets have been used to support the family.

The case also explores the balance between the sharing principle and the needs-based approach. Should non-matrimonial wealth be subject to division simply because it was used during the marriage? Or should parties retain it, even if that creates disparity? These are the kinds of questions the Supreme Court is expected to address—questions that will have lasting implications for how we advise clients and approach settlement negotiations.

It was particularly enlightening to hear directly from counsel involved in the case, such as Nicholas Cusworth KC and Tom Harvey. Their insights into the arguments and potential outcomes gave all attendees a deeper appreciation of what’s at stake.

On behalf of Lux Family Law, I want to thank 1 Hare Court for hosting another fantastic seminar. The family law community now waits with great interest for the Supreme Court’s judgment, which promises to be one of the most significant in recent years.