Let’s be honest: high net worth divorce is a different beast entirely. When you’re dealing with business interests, offshore trusts, investment portfolios, and pensions worth millions, the stakes are higher, the process is more complex, and the need for confidentiality is paramount.
If you’re reading this in Windsor or London, you’re likely sitting on substantial assets and wondering: How will this get divided? What will this cost me? And how do I protect what I’ve built?
This guide walks you through everything you need to know about financial settlements in 2026, including a landmark case that just changed the game for protecting pre-marital wealth.
What Counts as “High Net Worth” in 2026?
The Financial Conduct Authority defines high net worth individuals as those earning over £300,000 annually or holding assets valued above £3 million. But in divorce terms, we’re typically talking about couples with combined liquid assets exceeding £1 million (excluding the family home).
Ultra-high-net-worth settlements? Those involve estates valued at £25–30 million or more.
What makes these cases complex isn’t just the size of the pot: it’s what’s in the pot:
- Business interests and investment vehicles
- International properties and offshore accounts
- Trusts and layered company structures
- Rare collectables (art, classic cars, wine collections)
- Substantial pensions (SIPPs and SSAS)
- Cryptocurrency and digital assets
Each of these requires specialist valuation, forensic disclosure, and strategic planning.
The Game-Changer: Standish v Standish [2025] UKSC 26
In 2025, the Supreme Court handed down a judgment that fundamentally shifted how UK courts treat non-matrimonial assets: and it’s a big win for anyone who came into the marriage with wealth or received inheritance during it.
What Happened in Standish?
Mr. Standish owned significant assets before the marriage and had transferred some of them into joint names for legitimate tax planning purposes. His wife argued that by doing so, he’d “matrimonialised” the assets: making them fair game for a 50/50 split.
The Supreme Court disagreed.
The Ruling
The Court held that pre-marital assets and inheritances retain their non-matrimonial character, even if they’re restructured for tax efficiency or placed in joint names: provided the intention wasn’t to gift them to the other spouse.
What this means for you:
- If you owned a business before marriage and later restructured it into a holding company for tax reasons, it’s still your asset.
- If you inherited a property and put it into joint names to reduce Inheritance Tax exposure, the court will consider its origin.
- The burden is now on the other party to prove that these assets should be shared equally.
This is particularly relevant in London and Windsor, where pre-marital wealth (often from family estates or business success) is common. The Standish ruling offers real protection: but only if your legal team knows how to use it.
Complex Asset Structures: Why Disclosure Takes Months
One reason high net worth divorces drag on? Full and frank financial disclosure is legally mandatory: and it’s a minefield.
You’re required to provide comprehensive details of:
- All UK and international property holdings
- Business interests (including shareholdings, valuations, and profit forecasts)
- Investments (stocks, bonds, hedge funds, crypto)
- Trusts (whether you’re a settlor, trustee, or beneficiary)
- Offshore accounts and international holdings
- Liabilities (mortgages, loans, guarantees)
When you’ve got assets spread across multiple jurisdictions, layered company structures, or deliberately obfuscated holdings, this process can take 6–12 months just to get everyone’s cards on the table.
Pro tip: If your spouse is undervaluing a business or hiding assets offshore, forensic accountants and international asset tracers become essential. We work with specialists who’ve traced hidden wealth from the Cayman Islands to Dubai: and back to Windsor.
Pensions: The Forgotten Goldmine
Pensions are often the second-largest matrimonial asset after the family home: yet they’re frequently overlooked until late in proceedings.
SIPPs and SSAS: A Deep Dive
Self-Invested Personal Pensions (SIPPs) and Small Self-Administered Schemes (SSAS) are popular with high earners and business owners because they offer control and flexibility.
But in divorce, they’re a headache:
- Valuation issues: A SIPP might hold commercial property, unquoted shares, or alternative investments. Getting an accurate Cash Equivalent Transfer Value (CETV) requires specialist actuarial input.
- Pension sharing orders: Courts can order a percentage of the pension to be transferred to your spouse’s own pension pot. This is common in cases where one spouse sacrificed career progression for childcare.
- Offsetting: Alternatively, you might keep your pension and give your spouse a larger share of other assets (e.g., property).
Example: In a 15-year marriage where one spouse built a £2 million SIPP while the other stayed home with the children, the court will likely order a 50/50 pension share: unless the Standish principle applies and part of that pension was funded by pre-marital wealth.
The 2026 Court Reality: Delays and Alternatives
Here’s the uncomfortable truth: London’s Financial Remedies Court is backlogged.
If you’re heading for a contested final hearing in 2026, you’re looking at 18–36 months from start to finish. That’s 18–36 months of legal fees, stress, and uncertainty: not to mention the risk of your case being heard by an overworked judge who has 20 minutes to digest your 300-page bundle.
The Smarter Route: Private ADR
90% of high net worth cases settle through alternative dispute resolution: and for good reason.
Private Mediation: A neutral mediator helps you and your spouse negotiate directly. It’s confidential, flexible, and far cheaper than court. Average timeline: 6–12 months.
Private FDR (Financial Dispute Resolution): You hire a retired High Court judge to conduct a private FDR hearing. They’ll give you a non-binding indication of what a court would likely order: which often prompts settlement. Timeline: 9–15 months.
Arbitration: You appoint an arbitrator (often a specialist barrister) whose decision is binding and enforceable. It’s faster than court and allows you to choose an expert in complex financial cases. Timeline: 6–18 months.
At Judge Law, we’re big advocates of private ADR for high net worth clients in Windsor and London. It keeps your affairs out of the public domain and gives you control over the timeline.
Spousal Maintenance vs. Clean Break: What’s the Goal?
In high net worth cases, the goal is almost always a clean break: meaning no ongoing spousal maintenance and no future claims on each other’s income or assets.
Why Clean Break?
- Finality: You’re both free to move on without financial ties.
- Tax efficiency: Spousal maintenance is taxable income for the recipient and doesn’t offer tax relief for the payer (since 2000).
- Future protection: A clean break order ringfences future wealth. If you build another business or inherit more money post-divorce, your ex can’t come back for a slice.
When Maintenance Makes Sense
There are cases where ongoing maintenance is appropriate:
- One spouse has no earning capacity (due to age, health, or long absence from the workforce).
- The assets aren’t sufficient to meet both parties’ needs and provide capital for a clean break.
But in ultra-high-net-worth cases? Courts will almost always capitalise maintenance: meaning the paying spouse transfers a lump sum upfront instead of monthly payments.
The Core Principles: How Courts Divide Wealth
English divorce law doesn’t use a rigid formula. Instead, courts apply three principles:
1. Sharing
Matrimonial assets (those acquired during the marriage through joint efforts) are generally divided 50/50. This applies even if one spouse earned all the money: because UK law recognises domestic contributions (raising children, managing the home) as equal to financial contributions.
2. Needs
Both parties should be able to maintain a reasonable standard of living post-divorce. In high net worth cases, “reasonable needs” are calibrated to the lifestyle you enjoyed during the marriage: which might include private school fees, second homes, and luxury travel.
3. Compensation
In rare cases, courts award a larger share to one spouse if they made a “special contribution” (e.g., building a multi-million-pound business from scratch). But the bar is very high: judges don’t like the concept because it undermines the equal partnership principle.
Post-Standish twist: If you can prove that a significant chunk of the assets is non-matrimonial (pre-marital or inherited), the sharing principle doesn’t apply to that portion: unless your spouse’s needs can’t otherwise be met.
Tax Traps You Can’t Afford to Miss
High net worth divorces trigger a minefield of tax issues:
- Capital Gains Tax (CGT): If you’re transferring investment properties or share portfolios, you might face CGT bills: unless the transfer happens before the Decree Absolute and qualifies for spousal exemption.
- Stamp Duty Land Tax (SDLT): Transferring the family home to one spouse can trigger SDLT if there’s an outstanding mortgage (though exemptions often apply).
- Inheritance Tax (IHT): Post-divorce estate planning is critical, especially if you’re transferring assets to trusts or making lifetime gifts to children.
At Judge Law, we work closely with tax advisers and accountants to structure settlements in the most tax-efficient way possible.
Why Windsor and London Clients Choose Judge Law
When you’re dealing with high-stakes financial settlements, you need a firm that understands the nuances of Divorce & Family Law in 2026: and has the expertise to handle complex asset structures, international holdings, and strategic negotiation.
We’ve acted for clients with business empires, offshore trusts, and multi-generational wealth. We understand the Standish ruling inside out, and we know how to use it to protect your non-matrimonial assets.
Our approach:
- Confidentiality first: Discretion isn’t optional: it’s our default.
- Strategic ADR: We push for private mediation or arbitration to avoid public court battles.
- Commercial mindset: Many of our clients are business owners. We get it. We work with forensic accountants, tax advisers, and corporate solicitors to protect your commercial interests.
Take the Next Step
If you’re facing a high net worth divorce in Windsor or London, the decisions you make now will shape your financial future for decades.
Don’t navigate this alone.
Contact Judge Law today for a confidential consultation. We’ll review your situation, explain how the Standish ruling applies to your case, and map out a strategy to protect your wealth and achieve a fair settlement: without unnecessary court delays.
📞 Call us or visit judgelaw.co.uk to book your private consultation.
This guide is for informational purposes only and does not constitute legal advice. Every divorce is unique, and outcomes depend on individual circumstances. For tailored advice, speak to a specialist family law solicitor.
