The Court’s Approach To Family Heirlooms On Divorce

When couples divorce, questions often arise about personal belongings, especially valuable or sentimental items.

Family heirlooms can often become highly contentious during divorce proceedings. Such items often have a significant sentimental value and have been given to the spouse with an understanding that these assets will be kept within the family and handed down to future generations. These items could also hold considerable financial value.

Family heirlooms

During divorce proceedings, couples are required to declare all personal belongings valued at over £500. This includes family heirlooms. If the value of these assets is disputed, professional valuations may be necessary to determine their true worth, similar to how property and other traditional assets are appraised.

In most cases, family heirlooms acquired by inheritance or gift to either party are considered to be non-matrimonial assets and are excluded from the matrimonial pot available for division. It is important to note that these items must still be disclosed if it is worth more than £500.

The Court’s approach is different however to heirlooms inherited or gifted to the couple jointly. In such circumstances, the heirlooms may be treated as a matrimonial asset and taken into account by the Court when considering how the assets should be divided.

Comment

It is important to understand that whilst these are the general rules, the Court has wide discretion when it comes to considering family heirlooms during divorce proceedings.

The Court generally will not distribute non-matrimonial assets unless the matrimonial assets are insufficient to meet the needs of the parties. Where assets are limited, needs usually require the Court to invade any non-matrimonial assets (including family heirlooms).

The easiest way to safeguard any assets that have specific importance to you (i.e. family heirlooms) is to sign a pre-nuptial agreement before you get married, including what you would like to happen to these assets should your relationship come to an end. If you are already married, you can sign a post-nuptial agreement to the same effect.

Although pre-nuptial and post-nuptial agreements are not currently legally binding in England and Wales, it is important to note they are persuasive and likely to be upheld if specific criteria are met.