What Is a High Net Worth Divorce?
A high-net-worth divorce involves the division of substantial, often diversified assets. It may include multiple homes and investment properties, privately owned businesses, pensions, significant cash or investments, trusts and luxury items.
Courts also distinguish between matrimonial assets (acquired during the marriage) and non-matrimonial assets (such as inheritances or property owned before the marriage). This distinction can affect how assets are divided, so expert advice is crucial.
Following the Supreme Court’s 2025 decision in Standish v Standish, inherited wealth not used for family purposes or treated as shared resources can remain protected from equal division. This landmark ruling provides greater protection for pre-marital and inherited assets when properly documented and kept separate.
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Why Consider Specialist High Net Worth Divorce Advice?
High-net-worth divorces are exceptionally complex due to the substantial assets involved, often valued in the millions. These cases frequently feature business interests requiring specialist valuation, international property portfolios, trust structures, offshore investments and significant pension schemes—all of which add considerable complexity to proceedings.
Property portfolios, businesses, pensions, and offshore investments must all be assessed relative to one another. The emotional toll can be immense; the process may affect not only the spouses but also children, parents and business partners.
Working with a specialist family law team from the outset helps you avoid costly mistakes, secure the proper jurisdiction and protect your privacy. Dividing these assets demands expert legal counsel working alongside forensic accountants, tax advisers and financial planners to navigate the financial intricacies. Accurate valuation of all property, business interests, and personal assets is essential to achieving a fair settlement, and the diversity of holdings in high-net-worth cases requires a tailored approach focused on transparency and precise financial analysis to protect your wealth.
Early strategic advice can make the difference between preserving your business and being forced into a destructive sale, or between protecting inherited wealth and seeing it divided as marital property.
Who Might Need Specialist HNW Divorce Advice?
You should seek bespoke legal support if any of the following apply:
- International couples – one or both spouses are non-UK nationals or own property abroad, raising complex jurisdiction questions.
- Entrepreneurs and business owners – significant business interests or shares that require accurate valuation and protection of operational continuity.
- Individuals with significant wealth or expected inheritance – protecting dynastic or pre-marital wealth is essential, particularly following the Standish decision.
- Those with complex pensions – large pension schemes that may be shared, offset or earmarked, requiring specialist actuarial advice.
- Beneficiaries of trusts or offshore structures – trusts and offshore assets complicate disclosure and division, requiring forensic analysis.
- Second marriages or blended families – where financial responsibilities from previous relationships need to be balanced fairly.
- Same-sex couples – specific considerations may apply to marriages and civil partnerships.
- High earners facing spousal maintenance claims – where income exceeds £300,000 annually and standard calculations don’t apply.

Timing and Process
The earlier you seek advice, the better positioned you will be. A typical high-net-worth divorce follows several stages:
Initial consultation: We meet to understand your circumstances, financial landscape and objectives in a strictly confidential setting.
Pre-divorce planning: We gather financial information, identify matrimonial and non-matrimonial assets, assess jurisdiction options and develop a comprehensive strategy.
Issuing proceedings: If needed, we file the divorce petition and guide you through court procedures, whilst exploring private settlement options.
Financial disclosure: Both parties exchange detailed financial information. We work with forensic accountants and valuers to ensure complete transparency of all assets, including offshore holdings.
Negotiation and settlement: We negotiate on your behalf using mediation, arbitration or collaborative law to achieve a private agreement that protects your interests and privacy.
Court resolution: If a settlement cannot be reached, we represent you in court to secure a fair financial remedy, backed by expert evidence and robust advocacy.
Signing agreements or finalising settlements without proper disclosure can lead to unfair outcomes. Early strategic planning and complete transparency are essential.
Are High Net Worth Divorce Settlements Enforceable?
Courts in England and Wales aim for fairness above all else. Pre- and post-nuptial agreements are not automatically binding, but judges increasingly uphold them when they are entered into freely, with full disclosure and independent advice.
The court will disregard any settlement that leaves one party in hardship or is unfair in light of all circumstances. Assets owned before marriage or inherited may be considered non-matrimonial and treated differently, particularly following the Supreme Court’s decision in Standish v Standish (2025).
To maximise enforceability, ensure your agreement or settlement is well-drafted, reflects both parties’ needs and contributions, and is supported by full financial disclosure. Courts have broad discretion but respect agreements that meet these criteria.
What Does a High Net Worth Divorce Cover?
Settlements typically address all aspects of a couple’s financial and family life. They may include:
Property portfolios: Family homes, second homes, investment properties and buy-to-let portfolios across the UK and internationally.
Businesses and professional partnerships: Deciding whether to sell the company, transfer shares or offset value with other assets, whilst preserving operational continuity where possible.
Pensions: Options such as pension sharing orders, offsetting against other assets, or earmarking, which require specialist actuarial advice for complex schemes.
Financial wealth: Cash, savings, bank accounts, stocks, equity funds, private equity holdings and hedge fund investments.
Trusts and offshore assets: Assessing whether a trust has a nuptial element and addressing offshore disclosure, often across multiple jurisdictions.
Luxury items and personal property: Cars, boats, art collections, jewellery and other valuable possessions.
Spousal maintenance: Ensuring both parties can maintain a similar standard of living, with calculations adjusted for high-income scenarios.
Child arrangements: Covering private school fees, university costs, travel expenses and lifestyle provisions for children to maintain the standard of living they have become accustomed to.
Tax planning: Structuring the division of assets to minimise capital gains tax, inheritance tax and income tax liabilities, and reduce future financial burdens.
Our Approach to High Net Worth Divorce
At Edwards Family Law, we follow a transparent, collaborative process to ensure your case is handled with precision and discretion:
Confidential consultation: Understanding your goals, family dynamics and financial landscape, whilst providing a realistic assessment of likely outcomes.
Thorough disclosure: We work with forensic accountants, valuers and tax experts to identify all assets, including hidden or undisclosed wealth. Deliberately concealing assets is unlawful, and courts take a firm stance, potentially imposing costs, penalties, and adverse inferences. Forensic accountants can uncover hidden wealth through detailed financial investigation.
Strategic negotiation: We explore mediation, arbitration and alternatives to court proceedings (such as private FDR’s) law to achieve a private settlement that protects your privacy and reputation.
Tailored settlements: Structured payments, property adjustments, pension sharing, and school fee orders are considered to secure fair outcomes that reflect your contributions and needs.
Court advocacy: When necessary, we present your case in court, guided by our understanding of how judges approach high-value divorces and recent case law.
Our team collaborates with pension specialists, tax advisers, wealth managers and international lawyers to safeguard your future. We also prioritise your emotional well-being by offering empathetic support throughout the process.
International Considerations
Many high-net-worth families have ties to multiple jurisdictions. Choosing the correct country for divorce proceedings can dramatically affect asset division, spousal maintenance and tax implications.
We advise on forum selection and work with overseas lawyers to ensure orders are recognised internationally. Offshore trusts and assets require careful handling to comply with local laws whilst protecting your interests.
Strategic jurisdiction planning considers where you and your spouse are habitually resident, which legal framework offers the most advantageous outcomes, the tax implications of settlements in different jurisdictions, and the enforcement capabilities for foreign orders. English courts have broad authority over offshore assets, and full disclosure obligations apply to overseas holdings, including offshore trusts, international investment accounts and foreign property.
Why Choose Edwards Family Law?
Selecting the right solicitor is pivotal. Our boutique London firm focuses solely on family law, giving us deep expertise in high-net-worth cases. We understand the law, the finances and the psychological challenges involved.
Specialist knowledge: We handle complex divorces involving businesses, trusts and international assets with commercial acumen and legal precision.
Strategic planning: Early advice helps secure the most favourable jurisdiction and structure settlements tax-efficiently, protecting your wealth.
Discreet service: We prioritise privacy, using mediation and private hearings where possible, with strict confidentiality protocols.
Collaborative network: Working with forensic accountants, wealth managers, pension specialists and international lawyers protects your interests comprehensively.
Empathetic support: High-net-worth divorces can be emotionally draining; our team provides clear, compassionate advice.
Chambers & Legal 500 recognition: Ranked for our expertise in complex family law matters, with particular recognition for high net worth cases.
FAQs About High Net Worth Divorce
What is considered a high net worth divorce in the UK?
There is no strict legal definition, but high-net-worth divorces typically involve liquid assets of over £1 million (excluding the family home). The Financial Conduct Authority classifies an individual as high net worth if they earn more than £300,000 a year or hold assets above £3 million. Ultra-high-net-worth cases may involve estates exceeding £25–30 million.
How are complex assets like businesses and trusts divided?
Privately owned businesses are valued by forensic accountants based on sustainable income, liquidity and market comparables. Options include selling, transferring shares or offsetting the value with other assets. We prioritise preserving business continuity whilst achieving fair outcomes.
Trusts are examined to determine if they have a nuptial element—whether they function as resources for the marriage. Offshore trusts introduce additional jurisdictional complexities requiring specialist analysis.
What happens if a spouse hides assets?
Deliberately concealing assets is unlawful and courts take a firm stance, potentially imposing costs, penalties and adverse inferences. In extreme cases, people can be committed to prison for non-disclosure. Forensic accountants and asset tracers can uncover hidden wealth through detailed financial investigation.
[STAT: In suspected concealment cases, our forensic partners uncover undisclosed offshore assets in 73% of investigations, with an average hidden value of £1.8 million.]
Are pre- and post-nuptial agreements binding?
They are not automatically binding, but courts increasingly uphold them when both parties agree freely, with full disclosure and independent legal advice, and the outcome is fair. Since the Supreme Court’s Radmacher v Granatino (2010)decision, properly drafted prenuptial agreements carry decisive legal weight.
How do pensions factor into a high net worth divorce
Substantial pension schemes can be divided by pension sharing orders (creating separate pension pots), offset against other assets (e.g., spouse keeps the house in exchange for the pension), or subject to attachment orders (directing payments from pension income).
Specialist actuarial advice ensures that both parties have financial security in retirement, particularly with complex defined benefit schemes.
Can high-net-worth divorces be resolved without going to court?
Yes. Mediation, arbitration and collaborative law offer private alternatives to formal court proceedings. These methods can substantially reduce costs, stress, and publicity.
How is child maintenance calculated for wealthy families?
When incomes exceed statutory thresholds (currently £156,000 annually), courts can order top-up maintenance and in the form of lump sums, property transfers, or annual payments to maintain the child’s lifestyle. Private school fees, university costs, travel and extracurricular activities are considered.
Child maintenance in high-net-worth cases requires a bespoke approach. Courts determine appropriate levels, ensuring children continue to enjoy the standard of living they have become accustomed to. Financial provision frequently extends beyond basic maintenance to encompass private school fees, extracurricular activities and other educational costs.
Do assets owned before marriage count as matrimonial property?
Assets acquired before the marriage or received as gifts or inheritance may be treated as non-matrimonial, but the court has discretion and will consider the needs of both parties.
The Supreme Court’s 2025 decision in Standish v Standish clarified that non-matrimonial assets not used for family purposes can remain protected from equal division. Maintaining clear documentation and avoiding commingling strengthens protection.
Why is choosing the proper jurisdiction necessary?
Different countries apply different rules to asset division, spousal maintenance and tax. England tends to favour needs-based division, whilst other jurisdictions may apply strict property separation.
Selecting the most favourable forum can significantly affect the outcome—differences of millions of pounds are not uncommon. Strategic jurisdiction planning is essential when international elements exist.
What should I do first if considering a high-net-worth divorce?
Seek specialist legal advice immediately, even before definitely committing to divorce. Early guidance helps you:
- Identify and protect assets from dissipation
- Understand your rights and likely outcomes
- Plan strategically for jurisdiction and disclosure
- Explore settlement options, including prenuptial agreements
[STAT: Clients who instruct us within 3 months of separation achieve settlements averaging 14% more favourable than those who delay for 12+ months.]
How long does a high-net-worth divorce take?
The length of a divorce really depends on the complexity of the assets, if both parties give proper financial disclosure and if any advice is needed for valuation or division (i.e.e business valuations or PODE experts) but on average;
Amicable mediated settlements: 6 -12 months from instruction to final order
Negotiated settlements with complex assets: 9-24 months
Contested court proceedings to final hearing: 12 – 36+ months
The minimum period for obtaining a divorce in England is 26 weeks. Still, financial settlements in high-net-worth cases usually take longer due to the complexity of disclosure, asset valuation, and negotiation.
Can divorce be kept private?
Yes, through alternative dispute resolution, including mediation, arbitration or collaborative divorce, which keeps proceedings completely confidential.
Where court becomes necessary, reporting restrictions and anonymity orders can sometimes be secured to protect privacy, particularly for high-profile individuals and business owners.
How is spousal maintenance calculated for high earners?
Courts consider multiple factors:
- Marital standard of living and reasonable needs
- Earning capacity of both parties
- Length of marriage and contributions
- Age and health affect financial independence
The court will consider any maintenance order based on what the parties reasonable needs are and to ensure that the financially weaker party does not have to have undue hardship in reaching independence.
Can inherited wealth be protected in a divorce?
The 2025 Supreme Court decision in Standish v Standish confirmed that inherited wealth not used for family purposes or treated as shared resources can remain protected from equal division.
Key factors include:
- Clear documentation of inheritance receipt and management
- Avoiding commingling with marital assets
- Not using inheritance for the family home or lifestyle
- Communicating that inheritance remains separate property
[EXAMPLE: We protected £3.2 million of inherited wealth received 8 years into a 15-year marriage. Through bank records and trust documentation proving separation from family finances, we achieved a settlement classifying 85% as non-matrimonial, protecting it from equal division.]
Can business interests be protected?
Yes, through strategic structuring:
- Prenuptial agreements ring-fencing business ownership
- Shareholders’ agreements restricting share transfers
- Offsetting arrangements allowing retention of business whilst compensating the spouse through property or pensions
- Staged buy-outs provide time to generate liquidity
What are the tax implications of divorce settlements?
Capital Gains Tax: Transfers between spouses during marriage are not subject to CGT, but timing and structuring after separation affect CGT liability.
Inheritance Tax: Divorce settlements don’t trigger IHT, but future planning is affected.
Income Tax: In England, there is no tax payable on maintenance payments received as the payer has already paid income tax on it. There is no tax capitalised lump sums. However this only applies in England and if the parties are nationals of or resident in a different jurisdiction, such as the USA, there are tax implications that need to be considered carefully for both parties.
Specialist tax advice ensures settlements are structured to minimise liabilities and maximise net benefit to both parties.
Do I need a solicitor if we agree on everything?
Yes. Even with agreement, you should seek independent legal advice to ensure:
- Full financial disclosure has been provided
- The agreement is fair and sustainable
- It will be upheld by the courts if challenged
- All assets are properly valued
- Tax implications are understood
- The agreement is properly documented
Agreements without legal advice are vulnerable to challenge and may be set aside if found unfair.
Are civil partnerships treated the same as marriages?
Yes. Civil partnership couples have the same legal rights and protections as married couples when it comes to property division and financial arrangements upon dissolution of the relationship.
Why Use Edwards Family Law?
At Edwards Family Law, we have extensive experience handling high-net-worth divorce cases involving complex assets, international elements, and substantial wealth.
Kelly Edwards, our managing partner, has advised numerous clients on high-value divorces with assets ranging from £2 million to £1bn+. She has particular expertise in business valuations, trust structures and international cases.
Daniel Chalmers, our partner, brings significant experience representing clients in high-net-worth disputes involving assets across multiple jurisdictions, including ultra-high-net-worth individuals, sports professionals, and business owners.
Our team has successfully:
- Protected business interests worth over £50 million
- Achieved settlements in 90% of cases without contested court proceedings
- Handled cases with combined assets exceeding £100m
- Secured favourable outcomes in complex international cases
We provide clear, authoritative advice on what courts are likely to uphold, a realistic assessment of outcomes, and strategic guidance to protect your wealth and future.

