High Net Worth Divorce Solicitors In London

Further complexities can arise in high net worth divorces where a significant amount of assets are held in a privately owned business. Understanding the legal and commercial issues of ownership and various financial structures within the business is a time-consuming and detailed task.

More complexity arises because the assets held in the business can be difficult to distribute. Even if a valuation is taken and agreed upon, disclosure from other invested parties can cause further delay and complication. In some cases, the solution requires one party to raise funds to buy shares. In other scenarios, it may be necessary to sell the business to share the assets held in the business.

The Osbourne Pinner team is experienced in dealing with these issues and will support you in overcoming complex ownership structures, including inter-related onshore and offshore corporate and trust structures, and agreeing on the best commercial outcome.

Inevitably, a great deal of time and resources during high net worth divorces and ultra high net worth divorces will focus on the disclosure and non-disclosure of assets. Establishing whether the assets are matrimonial or non-matrimonial can also have implications running into many millions of pounds.

Given the significant sums involved, establishing the status of assets must be a key focus for your legal team. For example, the origin of dynastic wealth may justify a departure from the principle of equality. However, where the needs of the spouse and any children cannot be met by matrimonial wealth alone, there may be grounds to seek to share non-matrimonial property or assets.

Understanding the value of assets should begin at an early stage in high net worth divorce proceedings. This is particularly true where non-disclosure of assets could be an issue or where a significant proportion of assets are held in offshore trusts where it takes time to unlock information.

Osbourne Pinner can support you through the process of untangling these complex arrangements, including seeking disclosure in overseas territories and establishing that a spouse holds significant undisclosed resources.

High net worth individuals will often have significant financial interests in trusts, whether they’re a settlor or a beneficiary. These trust assets and how they’re treated can significantly impact divorce proceedings, making it a more complex issue. These issues can be further complicated if the trust is onshore in England or Wales or held offshore.

A request for information and documentation can be made for onshore trusts, but this can be more difficult with offshore trusts. Our solicitors are highly experienced in trust assets in high net worth divorce cases and will be able to advise you on how these may affect your divorce and ensure it becomes part of your desired outcome.

Inherited wealth that’s classified as matrimonial or non-matrimonial assets will usually be a more significant factor in high net worth divorce than in regular divorce cases.

Matrimonial assets – money or property acquired during marriage – will automatically be included in any settlement. Non-matrimonial assets – money or property acquired from a source outside the marriage, including inheritance – won’t be automatically included but will be considered if necessary. But inheritance can also change classification from non-matrimonial to matrimonial if it’s money or property from which each party and the family has benefitted.

Non-matrimonial wealth or assets can prove to be a contentious issue and will often be argued whether or not they should be shared or divided in the settlement. Osbourne Pinner has the best divorce solicitors who can advise on inherited wealth issues that can make a difference to your finances.

High-value property is another significant asset in any high net worth divorce, especially as it’s not uncommon for couples to own multiple properties in different countries. There can even be extensive property portfolios for commercial and residential use.

Reaching an agreement on the valuation of these properties can take time to achieve – especially if they’re disputed and included as matrimonial assets – and any sales would be determined by a fluctuating housing market and currency exchange rates. Looking into these properties, their status, and their sale is complex and requires the expertise of our skilled solicitors.

When a high net worth couple divorces, the division of their offshore assets can be complex with many issues to consider, including enforcement, taxation, and international jurisdiction.

Enforcement can be complicated if one spouse moves or hides assets in an offshore account. Taxation is also an issue, as some countries have different tax laws than others. Jurisdiction can also add to the complexities, as some countries won’t recognise foreign divorce laws. Expertise in international jurisdiction is essential to ensure your offshore assets are divided fairly and efficiently.

Child support in high net worth divorces can be controversial and hotly disputed. Beyond custody matters, the focus shifts to support and maintenance payments and school fees, if applicable. This is because these are the key areas where children can potentially be deprived of the lifestyle they enjoyed during marriage.

However, other factors must be considered when determining child support, including all sources of income. If one parent has significantly more assets and income than the other, that parent pays a larger percentage of the child’s expenses. And when spouses earn over £156,000, additional financial measures will be required for any school fees.

Each high net worth divorce case is unique. We can give you the support and legal advice you need from the child custody agreement and other child arrangements, including how it will affect the establishment of spousal and family needs.

Regarding high net worth divorces, spousal maintenance can be another contentious issue. One spouse may feel entitled to continue living the same lifestyle they enjoyed during the marriage, while the other may feel that they shouldn’t have to support their ex’s lavish lifestyle.

In high net worth divorce matters, the income disparity between couples can be significant. If one party has a higher income than the other party, it may be appropriate to introduce a spousal maintenance agreement so both parties maintain a high standard of living.

We’ll negotiate a fair spousal maintenance agreement on your behalf that ensures your partner or former partner lives on a reasonable amount of income after your divorce. We can also provide advice about temporary maintenance payments, which the court should order before the divorce is finalised so both parties are on equal financial footing during negotiations.

Pensions can be complicated at the best of times, but in the case of high net worth people, it can be a tax-efficient way to divert funds and, therefore, becomes a huge asset. But often, pension funds can go unconsidered in divorce cases, despite being a large part of someone’s wealth. Other details surrounding pensions can include the type and how to value it.

Our expert divorce solicitors in London will seek full disclosure of any details from the pension-owning partner and how and when either spouse has made any contributions. We can then look into how best to divide the pension through a specific Pension Order to help protect your wealth.