How recent guidance on valuing assets in financial remedy cases could affect you

When a relationship ends, one of the hardest parts of reaching a fair financial settlement is working out what everything is actually worth. A recent Family Court decision sheds light on how judges may approach valuations and what that could mean for you if you are dividing property, businesses, or other assets.

In a case decided in November 2025, the court divided the couple’s assets 55:45, giving the husband a slightly larger share because he was keeping riskier business assets. The judgment draws out practical points on valuations that can influence outcomes in real cases, not just high‑value ones.

First, if you have an asset that cannot be sold right now but is likely to be worth money in the future, you should still include a sensible estimate in your financial disclosure rather than saying it is worth nothing. You can add an explanation alongside your estimate to make clear the uncertainties. This helps the court and the other party understand the potential value and reduces disputes later.

Second, when working out how much you would receive if a property were sold, the court will usually take off standard selling costs as a rule of thumb. In England and Wales a 3% deduction is often used, but this is only a starting point. If you are dealing with property in another country, local selling costs can be higher, and the court can use a higher percentage where the evidence supports it, as happened with a Spanish property where 12% was applied. This can make a real difference to your final figures.

Third, business valuations are not an exact science. The court can look at different methods of valuing a company and may prefer an independent expert’s earnings‑based approach over an owner’s view that focuses on assets. The court may also apply discounts to reflect market challenges and uncertainty. On top of that, where one person keeps riskier assets such as a trading business, the court can adjust the overall split to recognise that risk, rather than trying to fine‑tune the valuation alone. In the recent case, this combination of an “accountancy” discount within the valuation and then a further “court” adjustment to the overall division reflected both market factors and the risk borne by the person keeping the business.

Fourth, the figures each side provides shortly before a final hearing are meant to give an overall picture. The court is unlikely to allow last‑minute changes to a single figure after the hearing has finished, for example to increase a claimed debt, because that would be unfair unless all figures were updated. This underlines the importance of preparing accurate, balanced numbers in good time.

What this could mean for you

These points highlight several practical steps. If you hold investments or shares that are not currently for sale but could be realised later, expect to provide a fair estimate and a short explanation of the assumptions. If there are properties abroad, gather evidence of typical local selling costs early because the court can depart from the usual 3% if the facts justify it. If a business is involved, be ready for the court to rely on an independent expert, to apply valuation discounts for real‑world risks, and then to adjust the overall split where one party keeps higher‑risk assets. Finally, make sure your schedules are complete and consistent before the hearing because post‑hearing changes to single items are unlikely to be accepted.

In the 2025 case, the overall estate was found to be worth £89.5 million and was divided 55:45, with the husband keeping the business to reflect the risk he was taking on. While most cases involve more modest figures, the principles are the same and can affect the final outcome in any financial remedy case.

If you are facing a separation where assets need to be valued and divided, early advice on disclosure, appropriate experts, and realistic risk adjustments can help you reach a fair and efficient settlement. If you are looking for support with your family law matter, please get in contact today.