Financial wealth includes cash, bank accounts, shares, and similar investments. These assets are typically divided much like savings in a standard divorce. In ultra-high-net-worth cases, the court may pay particular attention to the contributions each spouse made during the marriage. While the Matrimonial Causes Act 1973 references broader contributions (including caring for the home and family), in high-value cases, the focus often turns to the financial contributions made, usually by one spouse in particular.

A key question is whether certain assets are considered ‘matrimonial’ or ‘non-matrimonial’. Non-matrimonial assets may be excluded from the final settlement. For guidance, consult a specialist divorce solicitor experienced in HNW cases, such as HM & Co. Solicitors.

Property wealth includes any wealth tied to land and buildings. In HNW divorces, property might be located across England, the wider UK, or overseas—such as holiday homes, foreign investments, or managed rentals.
As with standard divorces, dividing property can be complex. Even if only one spouse contributed to purchasing the property, courts may still decide to divide it between the parties, especially after a long marriage. To protect your share and maximise your entitlement, seek advice from an experienced divorce solicitor.

Physical wealth covers high-value items like jewellery, cars, artwork, and luxury accessories. While these may be modest in a typical divorce, they can be significant in HNW cases. Such items warrant careful consideration to ensure a fair division of all valuable assets.

Pensions can be divided in three common ways:

• Offsetting: One spouse retains the pension while the other receives a larger share of different assets.
• Pension Sharing Order: Part or all of a pension pot is transferred from one spouse’s pension plan to the other’s.
• Pension Attachment Order: A portion of the pension benefits is directed to the other spouse when the pension starts paying out.
  Determining the best approach often requires professional advice. Consider speaking to HM & Co. Solicitors to clarify which solution suits your circumstances.

Courts strive to avoid forcing a sale or division of a business if possible. Instead, they often compensate the non-owner spouse by awarding them a larger share of other assets or maintenance payments. Obtaining a professional business valuation can help present an accurate picture to the court, ensuring a fair resolution without necessarily altering the business’s operation or ownership structure.

Prenuptial agreements (‘prenups’) are not automatically legally binding in England and Wales, although they are enforceable in Scotland. However, prenups can significantly influence the court’s decision if:

• Both parties received independent legal advice before signing.
• Both parties fully disclosed their financial positions beforehand.
• Neither party was pressured or coerced into signing.
• No substantial changes have occurred that would make the prenup inappropriate (e.g., the birth of children).
• The agreement’s terms are considered fair and not heavily skewed in favour of one spouse.
  If these criteria are met, the court may attach considerable weight to the prenup when deciding financial matters.

At HM & Co. Solicitors, we specialise in navigating the complexities of high net worth divorces, including the division of financial, property, and physical wealth, as well as handling pensions and prenuptial agreements.

Address: 186 Lower Road, Surrey Quays, London SE16 2UN
Telephone: 02071128180
Email: info@hmsolicitorsltd.com

We are committed to providing expert guidance tailored to your unique circumstances. Contact us today for professional assistance and personalised support.