High Net Worth Divorce Lawyers
High net worth divorces give rise to a number of legal issues which are less likely to feature in other cases. Specialist advice from experienced high net worth solicitors who have expertise in dealing with HNW divorces is therefore essential. As HNW divorce lawyers in London, our legal team at Bortoft Bell have practiced at the top end of the market, predominantly dealing with high net worth individuals and their families.
As your high net worth divorce lawyer we will provide you with expert and bespoke advice on all aspects of your legal case including:
Which Country to Divorce in (Jurisdiction)
It is common that high net worth individuals might live between two or more countries. Often this means that they might be able to begin divorce proceedings in more than one legal jurisdiction. Careful consideration needs to be given to which country is likely to be most advantageous, taking into account likely outcome, tax and enforcement, before divorce proceedings are issued. Time is often of the essence and decisions might need to be made quickly in order to secure the best possible outcome
Spousal Maintenance
High net worth divorces often feature a significant disparity between the parties’ incomes. In such circumstances it is likely that there will be a dispute with regards to the payment of spousal maintenance, both in terms of the amount and the duration of the payment.
Trusts
Trusts are frequently used by high net worth individuals as a form of estate planning. However, trusts can cause significant and complex issues upon divorce. The legal framework surrounding whether the court has the ability to deal with trust assets is intricate. Where the court is able to dispose of trust assets, the question then becomes to what extent should it exercise those powers.
Business Interests
Shares in private companies give rise to numerous issues within divorce proceedings. Not only does it need to be established how much the shares are worth, but the liquidity of the business needs to be given significant thought also. Where the settlement cannot be funded using the non-business assets, how much should be paid, and over what period of time, will need to be determined.
Tax
High net worth divorce solicitors need to ensure that clients do not get caught out by complicated tax rules unnecessarily. Thought needs not only to be given to the UK tax rules but advice must be sought from international tax experts if applicable.
Inherited and Pre-Marital Assets
The family court has a wide discretion when dealing with the division of assets upon divorce. Where one party has assets which originate from outside of the marriage, ether because they are inherited or pre date the marriage itself, it may be appropriate to exclude them from the assets for division.
Offshore Assets
Where significant assets are held offshore, consideration needs to be given to both tax and potential enforcement issues. Enforcement of English court orders internationally is not straightforward in many jurisdictions and expert advice needs to be sought at the earliest opportunity.
Privacy
Privacy is a serious concern for HNW and high profile individuals. As high value legal cases are more likely to be heard by the High Court, there is a greater chance that any judgment would be made public. It might therefore be appropriate to give consideration to alternative dispute resolution methods, such as arbitration, in order to ensure complete privacy.
If you would like to discuss how our high net worth divorce lawyers in London can assist you, please call us on 020 3405 0060 or send us a message to arrange your free initial consultation.
