Divorce is challenging in any context, but when significant wealth or complex assets are involved, the stakes are higher and the process requires particular care. If you or your spouse have substantial holdings—such as businesses, overseas investments, trusts, or high-value property—specialist legal advice is essential from the outset.
What is a high net worth divorce?
High net worth cases typically include:
- Business interests or shares in private companies
- Investment portfolios, pensions, and offshore holdings
- Multiple residential or commercial properties
- Trust funds and inheritance
- Luxury assets, art, jewellery, or vehicles
These cases often require input from forensic accountants, financial advisers, and tax specialists to reach a fair and structured settlement.
How do the Courts approach high net worth divorce cases?
The family courts in England and Wales apply the same legal framework to all divorces, but high net worth cases often involve more nuance. While the starting point is equal division, the court will consider:
- Needs: The housing and income needs of both parties, particularly where children are involved.
- Non-matrimonial property: Assets acquired before the marriage or by way of inheritance may be treated differently, especially after a short marriage.
- Standard of living: High standards during the marriage can justify greater financial provision by way of income and capital.
- Contributions and resources: The court will look at both financial and non-financial contributions, and whether assets are held in complex or international structures.
Financial Disclosure: what you need to know
In high net worth cases, full and frank financial disclosure is not just expected—it is required. The court (and your solicitor) cannot help you reach a fair settlement without a complete picture of both parties’ finances.
Here’s how to handle disclosure properly
- Be thorough and honest: Deliberate non-disclosure or undervaluing of assets can backfire. The court has powers to draw adverse inferences, set aside agreements, or even penalise you with cost orders.
- Identify all relevant assets: This includes not only personal assets but also business interests, offshore trusts, pensions, and even beneficial interests in property held by others. Disclose all sources of income, including bonuses, dividends, and perks.
- Use professional valuations: For high-value properties, business shares, and luxury items, you’ll likely need formal valuations. These can be jointly instructed or independent, depending on the circumstances.
- Expect scrutiny: The other party’s legal team may challenge valuations or request further documentation, especially where there are allegations of hidden assets or asset shielding.
- Get the right team in place: Your solicitor will often work closely with forensic accountants, tax specialists, and financial planners to ensure your disclosure is accurate, complete, and strategic.
Settling high net worth cases: Litigation or ADR?
While court proceedings are sometimes necessary, many high net worth individuals choose to resolve matters more discreetly via:
- Private FDRs: A confidential, judge-led settlement meeting outside court
- Arbitration: A binding, private alternative to litigation
- Mediation with legal support: Particularly effective where both parties want control over the outcome and wish to avoid publicity
These options can be faster, more private, and less adversarial—important considerations where reputations and businesses are involved.
This article was brought to you by Kidd Rapinet’s family solicitors. You can book an appointment with any of the family lawyers across our other offices in Aylesbury, Canary Wharf, Farnham, High Wycombe, Maidenhead or Slough, using the form provided. Please use the links provided to find more information on divorce or separation, child arrangements and other areas of family law.
These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or them of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.