A high net worth divorce is more than just legal paperwork — it’s about protecting your financial future. Whether you’re a business owner, investor, or inheritor of generational wealth, our HNW divorce solicitors ensure that your assets are safeguarded, settlements are fair, and your legacy remains intact.
At Birkett Long, we specialise in complex divorces involving business assets, trusts, offshore investments, and property portfolios. With decades of expertise, our high net worth divorce solicitors offer tailored legal strategies that prioritise discretion, financial security, and long-term stability.
Protecting your wealth, assets, and future
Speak to Philip Hoddell, Chairman and high net worth divorce expert.
Why choose Birkett Long for a high net worth divorce?
At Birkett Long, we provide specialist legal expertise for individuals facing complex financial settlements. Our team can handle:
- Business assets, trusts, and offshore holdings
- Dissolution of registered civil partnerships
- Financial provision claims (asset division, spousal maintenance, pension sharing)
We offer clear, strategic guidance without legal jargon, keeping you informed at every stage. Our firm is regulated by the Solicitors Regulation Authority, giving you confidence that your case is handled with the highest professional standards.
Why clients trust us:
- Expertise in complex financial settlements
- Discretion and confidentiality
- Straightforward advice
With offices across Essex and London, we provide trusted legal support with a personalised approach. Enter the form above to book your free, 15-minute high net worth divorce consultation today.
Speak to an expertUnderstanding the divorce process
Our expert HNW divorce solicitors in Essex will guide you through every stage of the divorce process:
Step 1: applying for divorce
Since 6 April 2022 (no-fault divorce), either party can apply without assigning blame. Our solicitors can assist with drafting and submitting the divorce application, ensuring a smooth start to the process.
Step 2: 20-week waiting period
Once the application is submitted, there is a mandatory 20-week waiting period before applying for a Conditional Order. This allows time for reflection and, where possible, agreement on financial and child arrangements.
Step 3: Conditional Order
Previously known as the Decree Nisi, the Conditional Order confirms that the court sees no reason the divorce cannot proceed. We ensure all necessary paperwork is in order.
Step 4: financial settlements
Dividing settlements involve more than just dividing assets. We help clients understand their legal rights to financial provision and negotiate fair settlements covering:
- Family home and other assets
- Business ownership and shares
- Pensions and investments
- Spousal and child maintenance
Step 5: child arrangements
If children are involved, their welfare will be the court's top priority. We help clients agree on their arrangements.
Step 6: Final Order
Previously known as the Decree Absolute, this legally ends the marriage.
Step 7: reaching a resolution
Many divorces can be resolved amicably through mediation, negotiation, or other non-court dispute resolution options.
Asset division in high net worth divorce
Unlike standard divorces, the financial aspects of HNW divorce can be multifaceted and highly sensitive. The court's approach to financial provision (including asset division, spousal maintenance, and pension sharing) is influenced by wealth accumulation, pre-marital assets, business interests, and inherited wealth. Our solicitors ensure that every financial component is properly evaluated and protected, with particular attention to:
Business ownership and valuations
A business — whether a private company, a family-run enterprise, or a large-scale corporate entity — is often one of the most significant assets at stake in a divorce. The court will consider its valuation, liquidity, and future earning potential. Protecting business assets requires careful structuring, which may include shareholder agreements, trust arrangements, or asset ring-fencing strategies.
For example, if a business was established before the marriage, it may be possible to argue that it should not be included in the marital assets for division. However, if both spouses contributed to its growth, the courts may take a different approach. Proper legal structuring before and during marriage can significantly reduce the risk of asset division impacting business continuity.
Investments, offshore accounts and trusts
High net worth individuals often hold diverse investment portfolios that include stocks, bonds, private equity, cryptocurrency, and offshore accounts. In some cases, assets are structured within trusts, which can make their division more complex.
UK courts can examine offshore assets and trusts, especially if they have been used for income generation or tax efficiency within the marriage. A strategic legal approach is essential to determine whether a trust is genuinely independent or can be considered a financial resource available for division.
Luxury properties and real estate portfolios
Luxury properties, holiday homes, commercial real estate, and investment properties are often a part of the calculus too. Determining which assets fall within the scope of financial division and how they should be valued can be contentious.
If properties were acquired before the marriage or inherited, they may be considered non-matrimonial assets. However, if they were used as the family home or contributed to jointly, the courts may apply the sharing principle. Strategic asset structuring and legal negotiation can help retain control over real estate holdings.
Pensions and tax-efficient wealth structures
Pensions, particularly self-invested personal pensions (SIPPs), defined benefit schemes, and international pension funds, require expert analysis to ensure a fair settlement. The lifetime allowance (LTA) and tax implications of dividing pensions must be carefully considered to avoid unnecessary losses.
Additionally, divorce settlements can have significant tax consequences, including capital gains tax (CGT), inheritance tax (IHT), and stamp duty liabilities. Proper legal structuring can help mitigate tax exposure while ensuring a fair financial outcome.
Private equity and stock options
Many HNW individuals hold shares in private companies, stock options, and carry interest in investment firms. Unlike traditional assets, these can be illiquid or subject to vesting schedules, making division complex.
A well-structured financial settlement should account for future gains and potential tax liabilities. Negotiating offsets in asset distribution or structuring settlements around cash flow rather than equity transfers can help maintain financial stability.
Safeguarding wealth and family stability
Divorce is not only a financial matter but also a deeply personal one, particularly when children are involved.
Our approach focuses on protecting assets while prioritising the needs of children and ensuring family stability.
Prenuptial and postnuptial agreements
While not automatically legally binding in the UK, well-structured prenuptial and postnuptial agreements are increasingly upheld by courts, particularly when:
- Both parties have engaged in full financial disclosure
- Each spouse has received independent legal advice
- The agreement was entered into voluntarily and without undue pressure
These agreements can safeguard business assets, inherited wealth, and financial structures, ensuring that premarital and generational wealth remains protected.
Provisions for children in prenuptial agreements
Although child arrangements cannot be fully dictated by prenuptial or postnuptial agreements, they can include financial provisions for children, such as:
- Trusts or funds: set aside for education and future financial security
- Maintenance arrangements: ensuring children maintain their lifestyle
- Provisions for housing: to ensure a stable living environment for children
When considering divorce, courts will prioritise the best interests of the child, which is why early legal structuring is essential.
Confidential settlements
Privacy can often be a concern during a high net worth divorce. Confidential settlement agreements ensure that financial disclosures, business assets, and family matters remain private, avoiding public scrutiny.
These agreements often include non-disclosure clauses that prevent either party from sharing sensitive financial or personal details.
Protecting children from public scrutiny
Children of high-profile families may face added pressures due to public exposure. A confidential settlement ensures that details of financial arrangements, school fees, or living arrangements do not become public information, safeguarding their privacy and well-being.
Non-Court Dispute Resolution (NCDR)
Not all divorces are best resolved in the courtroom. Instead, we advocate for Non-Court Dispute Resolution (ADR — formerly known as Alternative Dispute Resolution (ADR) — which includes:
- Mediation: both parties work with a neutral mediator to reach an agreement.
- Collaborative law: each party has a lawyer, but all commit to avoiding court.
- Private FDR: a neutral family law specialist helps guide negotiations and gives a view on a likely outcome were the case to proceed to Court.
- Early Neutral Evaluation: a neutral family law specialist indicates how they would determine the case if it came before them in Court.
- Arbitration: a legally binding decision is made by an independent arbitrator.
Why NCDR benefits every party
- Reduces legal costs by avoiding lengthy court proceedings
- Maintains control over financial settlements and child arrangements, rather than leaving decisions to a judge
- Minimises emotional stress for children by fostering a cooperative, rather than combative, approach
- Ensures faster resolution, allowing families to move forward more quickly
Child maintenance and long-term financial support
We assist with disputes over where a child shall live, time spent with each parent, and other private law matters (relocation, school changes, or medical decisions). Courts prioritise the child’s welfare when determining financial support. The courts will consider:
- Educational costs: including private school fees and university tuition
- Housing and lifestyle maintenance: ensuring that children continue to enjoy a consistent standard of living
- Trust funds and inheritance planning: securing long-term financial stability
We work closely with clients to ensure fair and practical financial arrangements that protect both wealth and the well-being of children.
FAQs
How does the court determine financial needs in a high net worth divorce?
In high net worth divorces, courts assess lifestyle, housing, and future financial security, rather than just basic needs. If one spouse was financially dependent, settlements may include ongoing maintenance or a capital payment to maintain a reasonable standard of living.
However, courts do not automatically split all assets. They consider pre-marital wealth, business interests, and inheritance, ensuring settlements are fair without being excessive. Our solicitors work to protect assets while securing financial stability for both parties.
Can a spouse claim a share of business profits earned after the divorce?
Future business profits are usually considered separate property, but if the business was established or grew significantly during the marriage, the other spouse may claim a share. The court will assess direct contributions, financial dependence, and sacrifices made by the non-owning spouse.
Proper structuring, such as shareholder agreements and pre-nuptial contracts, can help limit future claims. Our team ensures businesses remain protected while reaching a fair settlement.
How do courts handle discretionary trusts in divorce settlements?
Courts examine whether a discretionary trust is a genuine third-party structure or an accessible financial resource. If one spouse regularly benefits from it, the court may consider it part of the settlement. However, if it was set up before marriage or includes multiple beneficiaries, it may be excluded from division.
Strategic trust structuring and expert legal representation can help protect these assets. We work with financial experts to ensure trusts are assessed fairly in divorce proceedings.
What happens if a spouse tries to hide assets during a divorce?
Hiding assets is a serious legal offence and can lead to penalties or an unfavourable settlement. UK courts require full financial disclosure, and any attempt to conceal wealth—whether through offshore accounts or undervalued assets—can be challenged.
We work with forensic accountants and asset tracing specialists to uncover hidden wealth and ensure a fair division of assets. Legal intervention at an early stage is key to preventing financial misconduct.
How are private school fees handled in a high net worth divorce?
Courts expect both parents to contribute to private school fees, but the specific arrangement depends on income, assets, and existing financial commitments. Some settlements include a lump sum or trust fund to cover education costs, ensuring continuity.
If one parent wishes to change schooling arrangements post-divorce, the court will prioritise the child’s best interests. Our solicitors help structure settlements that safeguard educational stability.
Can a divorce impact inheritance plans for my children?
Yes, divorce can affect inheritance planning, especially when assets are held in family trusts or business interests. Without legal protections, settlements may reduce the wealth available for future generations.
We recommend reviewing estate plans, updating trusts, and securing financial agreements post-divorce to protect children’s future inheritances. Our team ensures wealth is preserved while reaching a fair settlement.
What role does tax planning play in high net worth divorce settlements?
Tax planning is critical in high net worth divorces, as asset division can trigger capital gains tax (CGT), inheritance tax (IHT), and stamp duty liabilities. Transferring property or investments at the wrong time can lead to avoidable tax exposure.
Our solicitors collaborate with tax specialists to ensure settlements are structured efficiently, protecting wealth while ensuring compliance with UK tax laws.
How do courts decide on spousal maintenance in high net worth cases?
Spousal maintenance is based on income disparity, financial needs, and lifestyle during marriage. Courts may award lump sums, fixed-term maintenance, or lifetime payments, depending on the circumstances.
Settlements aim to provide fair support without creating long-term dependency. We work to secure financial independence for both parties while ensuring fairness in ongoing financial obligations.
