Divorce is never easy, but when you and your spouse are high net worth—with liquid assets in the millions, interests across several countries, and wealth held through companies or trusts—almost every question becomes more challenging. The emotional and practical toll can be immense, especially when privacy, reputation, and family legacy are at stake.

This guide is for people in England and Wales, UK who:

• Have at least £2.5 million in liquid assets (excluding the family home)

• Hold wealth through investment portfolios, private banks, offshore structures, or trusts

• Live genuinely international lives, with homes, businesses, or tax status in more than one country

It aims to give you a clear, practical overview—not bespoke legal advice, but a foundation to help you ask the right questions before you start spending six- or seven-figure sums on professional fees.

For dummies: Myths and Strategic Pitfalls in High Net Worth Divorce

• “I’ll automatically get half of my spouse’s wealth.”
  Not necessarily. The court’s focus is on fairness—meeting your needs and, where relevant, the children’s, to maintain a similar standard of living. Factors like your ability to earn, age, and health are all considered. Equal division is a starting point, not a guarantee.
  
  
  

• “I can leave my ex with nothing.”
  This simply doesn’t happen in England and Wales. No matter the circumstances—anger, infidelity, or blame—the law requires both parties to have enough to move on. The court will not punish one side by leaving them destitute.
  
  
  

• “Fighting to the end means I’ll win more.”
  In reality, the only certain winners in a drawn-out, hostile divorce are often the solicitors and barristers.
  
  It’s not uncommon for both parties to spend hundreds of thousands, or even millions, on legal fees—sometimes wasting a significant share of the family wealth. Many high net worth couples could have achieved a better outcome, and preserved more assets, by negotiating sensibly and settling early.

Strategy tip:
Before launching into battle, weigh the true cost—financial and emotional—of litigation. Sometimes, the smartest move is to focus on a pragmatic, negotiated settlement that protects your long-term interests and minimises unnecessary loss.

1. Who counts as “high net worth” in a UK divorce?

There’s no single legal definition of a high net worth individual (HNWI) in family law. Financial institutions may use thresholds like:

• £2.5 million in investable assets, excluding the main residence

• £25 million+ for ultra-high net worth (UHNW) clients

For this guide, we focus on those with:

• At least £2.5 million in liquid assets (cash, listed securities, easily realisable investments), excluding the main residence

• Total personal or family wealth—counting property, business interests, and trusts—of £10–£100 million or more

Typical features:

• Multiple homes (e.g., a London townhouse, a country estate, apartments in Monaco or Dubai)

• Private banking relationships (HSBC Private Banking, Coutts, UBS, etc.)

• Complex holding structures (family investment companies, offshore trusts, nominee arrangements)

• Interests in private equity, hedge funds, or carried interest arrangements

• Cross-border lives—one or both spouses may be UK-resident but non-domiciled, or split time between the UK and low-tax jurisdictions

When such a marriage breaks down, the court is not just dividing a house and pension. It’s unpicking multi-layered wealth, often designed to minimise tax and shield assets. The court’s broad power to achieve fairness can cut through even the most sophisticated structures.

2. Why high net worth divorces are different

The Matrimonial Causes Act 1973 and case law apply to everyone, but at high asset levels, certain features stand out:

• Scale: Asset schedules often show £20 million+; some cases exceed £500 million, with individual awards above £20–£50 million.
  
  

• Cross-border elements: Jurisdiction, habitual residence, and domicile are often contested. There may be a race to start proceedings in England (seen as more generous) or elsewhere.
  
  

• Trusts and companies: Wealth may sit in discretionary trusts, family companies, or nominee arrangements. The court must decide if these are genuine third-party structures or part of the marital pot.
  
  

• Special contribution arguments: Entrepreneurs or financiers may claim a departure from equal sharing due to “genius” or post-separation efforts. Courts are cautious but have recognised this in rare cases.
  
  

• Privacy and reputation: Public disclosure of valuations, spending, or tax strategies can be deeply unwelcome. This drives confidential arbitration, private FDRs, and settlement pressure.

Checklist: What makes your case “high net worth”?

• Do you or your spouse have assets in multiple countries?

• Are trusts, companies, or offshore structures involved?

• Is there a risk of public exposure or reputational harm?

• Are there disputes about where the divorce should be heard?
  
  
  

3. Key cases shaping high net worth divorce

Understanding the legal landscape helps you anticipate what’s possible. Here are five landmark cases:

White v White [2000] UKHL 54
This landmark case set the principle that there should be no bias in favour of the breadwinner, whether husband or wife. The House of Lords introduced the “yardstick of equality,” meaning the starting point for dividing assets is broadly equal sharing, regardless of who earned or acquired the wealth. The judgment made clear that fairness is the goal, and only strong reasons—such as pre-marital assets or special contribution—justify departing from equality. For high net worth divorces, this case underpins the expectation that assets built up during the marriage, even if held in one party’s name, are likely to be shared.

Miller v Miller; McFarlane v McFarlane [2006] UKHL 24
These two cases clarified how the courts approach short marriages, very large fortunes, and ongoing financial support. The House of Lords set out three guiding principles: “needs, compensation, and sharing.”

• Needs: Ensuring both parties can maintain a reasonable standard of living.

• Compensation: Recognising sacrifices made by one spouse, such as giving up a career.

• Sharing: Dividing the fruits of the marriage partnership, regardless of who generated the wealth. Miller showed that even in short marriages, substantial sharing may be appropriate if the assets were built up together. McFarlane confirmed that ongoing maintenance can be awarded where one spouse’s earning capacity was lost due to the marriage.

Charman v Charman [2007] EWCA Civ 503
With assets reported at around £130 million, this case confirmed that equal division is the starting point in big-money divorces. However, the Court of Appeal recognised that a “special contribution”—such as exceptional business success or unique talent—can justify a departure from equality, but only in rare and clear-cut cases. The judgment emphasised transparency and full disclosure, and reinforced that complex asset structures do not shield wealth from fair division.

Prest v Petrodel Resources Ltd [2013] UKSC 34
This Supreme Court decision was pivotal for cases involving assets held in companies or trusts. The court found that properties held by companies, but beneficially owned by a spouse, could be treated as part of the marital assets and made subject to financial orders. The judgment clarified the circumstances in which the court can “pierce the corporate veil”—looking beyond legal ownership to the reality of control and benefit. For high net worth divorces, this means that sophisticated structures cannot be used to hide assets from the reach of the court.

1. Recent enforcement and non-disclosure cases

   • Courts have used freezing orders, Hadkinson orders (restricting participation unless orders are obeyed), and even imprisonment for contempt where there is serious, deliberate non-compliance.

Tip: If you’re worried about hidden assets or complex structures, these cases show the court’s willingness to look beyond appearances to achieve fairness.

4. Material non-disclosure: hiding money and its consequences

Material non-disclosure means failing to reveal assets, understating values, hiding interests in trusts or companies, or moving large sums before or during proceedings. The duty of disclosure is ongoing and strict.

If you hide or misrepresent material information:

• Any financial order can be set aside later

• The court can draw adverse inferences, assuming your wealth is greater than shown

• You may face costs penalties, findings of contempt, or even imprisonment

Practical steps if you suspect non-disclosure:

• Keep a diary of all communications and asset movements

• Gather evidence of lifestyle, spending, and historic earnings

• Ask your legal team about forensic accounting or third-party disclosure
  
  

5. What if your ex won’t provide financial disclosure?

The court has robust tools to compel or work around refusal:

• Court orders for Form E and questionnaires: Each party must complete a detailed Form E. Questionnaires can probe gaps or inconsistencies.

• Inspection and third-party disclosure: Orders can require production of bank statements, portfolio valuations, company accounts, and trust documents. The court can direct disclosure from banks, trustees, or accountants.

• Adverse inferences: If a spouse persists in non-disclosure, the court can assume their resources are greater than stated and frame orders accordingly.

• Penalties and enforcement: Costs orders, fines, and committal proceedings for contempt.

Checklist: What to do if your ex resists disclosure

• Request full Form E and supporting documents

• Submit targeted questionnaires to clarify gaps

• Ask the court for third-party disclosure if needed

• Keep records of all requests and responses

The burden of proof for disputed facts lies with the party making the allegation, and the standard is the balance of probabilities.

6. What money can’t be touched in a divorce?

The court’s discretion is very wide, but some categories are treated differently:

• Pre-acquired and non-matrimonial assets: Wealth built before marriage may be treated as non-matrimonial, but can be used to meet needs if marital assets are insufficient.
  
  

• Gifts and inheritances: Significant inheritances may be ring-fenced, but needs can override this, especially if lifestyle depends on such resources.
  
  

• Certain trust assets: Genuinely discretionary trusts with independent trustees may be treated as a resource, not property to be divided, but still influence outcomes.
  
  

• Third-party assets: Property owned outright by parents, siblings, or business partners is usually outside the court’s reach, unless there’s evidence of sham or beneficial ownership.

Caution: Marketing claims that some money is “untouchable” are rarely true. The court will examine almost every structure, including offshore trusts, to see if it should affect the outcome.

7. Proving your ex is hiding money

Suspicions often arise when the numbers on paper don’t match the lifestyle. Signs include:

• Historic evidence of very high income, but modest current disclosure

• Corporate structures or trusts reorganised around separation

• Large unexplained transfers offshore

• Undisclosed accounts revealed by stray correspondence or third parties

How to respond:

• Instruct forensic accountants to analyse bank statements, company accounts, and investment flows

• Seek orders for disclosure against banks, brokers, trustees, or corporate service providers

• Use inconsistencies in company filings or regulatory documents

• Invite the court to draw adverse inferences if there’s a pattern of concealment

Warning: Never access accounts or documents without authorisation—this can be unlawful, even if your motive is to prove hiding.

8. Unvalued private businesses and foreign-language documents

Many high net worth divorces involve private companies and documents in other languages. Common issues:

• A spouse holds a controlling stake in a private company, but claims the shares are of low or uncertain value

• Complex share classes, options, or carried-interest arrangements obscure the true value

• Key documents (articles, shareholder agreements, trust deeds, bank statements) are in French, German, Arabic, Mandarin, etc.

What the court can do:

• Instruct independent valuers to produce detailed business valuations

• Analyse historic transactions, offers, or fundraisings to understand value

• Require proper translations and explanations of foreign-language documents

• Draw adverse inferences if there’s persistent non-cooperation

Tip: Don’t accept informal assertions about value. Push for formal valuation instructions and full translation of key documents.

9. International and tax issues: domicile, residency, and the remittance basis

For international families, tax and jurisdiction are central. The court will consider:

• Where each spouse is domiciled and resident (affecting tax and disclosure)

• Whether assets are held offshore, and if so, how they are structured

• The impact of the remittance basis for non-doms—UK residents who are not domiciled may only be taxed on foreign income and gains brought into the UK

Practical advice:

• Take tax advice before starting proceedings, especially if you or your spouse are non-domiciled

• Consider the timing of asset transfers and the potential for tax liabilities

• Be prepared for the court to scrutinise offshore structures and cross-border transactions
  
  

10. Privacy, reputation, and settlement

High net worth divorces often attract media attention. To protect privacy:

• Use private FDRs (Financial Dispute Resolution hearings) or arbitration where possible

• Consider confidentiality and non-disclosure agreements, but remember these cannot prevent lawful disclosures to regulators or the court

• Manage media and confidentiality carefully, especially if there are political or sanctions risks
  
  

11. What is a complex high net worth case?

Some cases are especially complex due to:

• Extremely large numbers (£200–£500 million+)

• Layered corporate and trust structures across several jurisdictions

• Disputed jurisdiction and parallel proceedings abroad

• Serious allegations of non-disclosure, fraud, or asset dissipation

• Political exposure or sanctions risk

These cases may require expert evidence from forensic accountants, valuation experts, and trust specialists, as well as coordination between UK and overseas lawyers.

12. Using Caira to navigate high net worth divorce paperwork

The paperwork in these cases can be overwhelming: lengthy Form E documents, portfolio statements, trust deeds, shareholder agreements, and tax advice, often in multiple languages.

Caira can help you:

• Upload financial disclosure, trust documents, settlement offers, and court orders

• Ask targeted questions (e.g., “What are the main assets in this Form E?” or “How does this draft order divide assets?”)

• Generate draft chronologies, position statements, letters to your solicitor, or questions for meetings with your advisory team

• Compare multiple documents side by side, highlighting changes in figures, clauses, or structures

Caira is privacy-first—your documents are not used to train public AI models or shared with third-party reviewers. You can try it with a 14-day free trial, then subscribe for around £15/month.

Examples of Caira in action:

• “Does this trust deed affect my financial remedy claim?”

• “What does this Form E reveal about offshore assets?”

• “What’s changed between these two versions of a settlement proposal?”

Summary Checklist: Preparing for a High Net Worth Divorce

• Gather all relevant documents: bank statements, trust deeds, company accounts, tax returns, and correspondence

• Keep a diary of all communications, asset movements, and requests for disclosure

• Seek early advice from a specialist solicitor and tax adviser

• Consider privacy and reputation management from the outset

• Use tools like Caira to stay organised and informed

Divorce at this level is daunting, but with the right preparation and support, you can protect your interests and move forward with confidence.