Citywealth Quick Insight Series on Divorce Trends – Alexander Breedon, Withers

Date: 14 Jan 2026

Karen Jones

This week’s Quick Insight Series on Divorce Trends is dedicated to Alexander Breedon, Partner in the Divorce and Family at Withers.

In very substantial divorces, clients often assume a strict 50/50 split. How does the sharing principle apply in big-money cases in England & Wales, and what factors most commonly lead to departures from equality

The sharing principle applies to matrimonial assets. Matrimonial assets are generally assets which reflect the marriage partnership or are the product of the couples’ common endeavour. Non-matrimonial assets can include inherited assets, pre-matrimonial assets, or sometimes post-separation assets (if some time has gone by since separation). The key is to identify their source, and consider whether they are still identifiable at all.  Once the non-matrimonial assets have been separated out, the second step in the sharing principle is working out the value can fairly be ascribed to matrimonial assets. Risk and liquidity are key considerations, which can in some cases either lead to an asset being discounted in value (such as an interest in a business), or used as a justification for a departure from a 50/50 overall split, to reflect one party keeping more of the risky or illiquid assets within their share. Other factors, such as where the couple have entered into a valid prenuptial or postnuptial agreement, will also be very relevant.  

With increased scrutiny of prenuptial and postnuptial agreements in big-money cases, what current drafting techniques and procedural steps give these contracts the greatest weight and enforceability?

This is a topical issue, given that the government has announced its intention to consult on the status of nuptial agreements, in the spring of 2026. Whilst they are not currently contractually binding under the law of England and Wales, the Court is likely to uphold a nuptial agreement, providing it has been entered into freely by each person, with a full appreciation of its implications, and unless there are good reasons meaning that it would be unfair to hold the couple to its terms. The agreement should record that each person has received independent legal advice (including where foreign legal advice has been taken, where relevant) and that each has provided financial disclosure setting out their income, assets, resources and debts, usually provided in summary form. Any prenuptial agreement should be signed in good time before the wedding or civil partnership (ideally 28 days or more) – this helps guard against the suggestion that one party was under duress to sign. Generally speaking, for a nuptial agreement to have the greatest weight and prospect of enforceability, each person must have been clear about what they were signing up for and why, the terms of the agreement must be fair in the circumstances (especially when it comes to provision for any children), and it must, at the very least, meet the other spouse’s financial needs.

Where parties have chosen private dispute resolution – arbitration or private judicial processes – what remaining risks around enforceability, appeals, and public scrutiny do clients still tend to underestimate?

Arbitration is a fantastic option for resolving cases. The outcome of family arbitration is a final binding award which is then converted into a court order and so its terms are enforceable in the same way (and subject to the same restraints) as if the parties had been through a court process.  The arbitration award can generally only be challenged on jurisdictional grounds, if there has been a procedural irregularity, or by way of appeal on a point of law. Arbitration is a confidential process, though it is worth noting that any appeal would not fall within the confidentiality cloak of the original arbitration.

For ultra-high-net-worth clients with international connections, how do you advise on choosing the most advantageous jurisdiction for divorce proceedings (considering differences in asset division and enforcement across countries), and what key factors tip the balance?

We work quickly and efficiently. First to identify which other jurisdictions may be in play. Then work with expert lawyers in those jurisdictions to map what the financial outcome might look like in each of those places. Each case turns on its own facts, such as whether there is a nuptial agreement, whether the couple entered into a marital property regime overseas, and whether the relevant party would fare better, or worse, under our discretionary system. It is vital to consider enforcement at an early stage.  Key factors which help weigh the balance include where the assets are located, what the powers of the courts are in each local jurisdiction, which tax regimes are relevant and whether there are international treaties to aid enforcement – because there’s no point securing an award which your client cannot implement.

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