In a reasonably long marriage, the family assets are usually shared equally.

If one spouse has made a greater contribution or taken more responsibility, for example looking after children, they usually receive a little more than half.

Sometimes there is a dispute as to what assets should be included in the “pot” to be shared out (the “matrimonial acquest” in more formal language).

When there are significant business assets, the party who built up the business can claim they should keep the vast majority of those assets. They can argue that the business wealth has been created through their own efforts.

For many years now the Family Court has followed the sharing principle, saying that if the wife, for example, has contributed to the family home and bringing up the children, that counts as an equal contribution to creating a successful business.

In a recent case (XW v XH, England and Wales Court of Appeal 2262, 18 December 2019) the Court of Appeal allowed the wife’s appeal against a judgment giving the husband significantly more than half of the marital property (of just under £300 million).

The appeal judges held there were no factors that would make the sharing principle unfair and they ordered an equal division.

In other words, assets have been built up during a marriage will be shared in a fair way. The fact that they are business assets is not enough in itself to change that.

Even though this case involved very large sums of money, the same principles apply in all cases.

If you seek advice about sharing assets in divorce, please contact one of our specialist family law solicitors who can try to handle the situation with as little stress as possible. To talk to one of our advisers call us on 0151 282 1700, request a callback at your convenience, email family@broudiejacksoncanter.co.uk or message us your enquiry.