During HNW and UHNW divorce proceedings, some of the most emotionally and financially significant battles are fought over art, jewellery and other prized possessions. These chattels often hold deep personal value, but without clear legal safeguards they can become a source of bitter disputes.

While judges may hesitate to micromanage who keeps what, the reality is that a single painting or heirloom collection can be worth large sums, making it a contentious part of financial proceedings.

Writing in LexisNexis’ Family Law journal, partner Mark Harper, senior associate Rachael Burton and paralegal Surya Dawar explain that chattels are frequently the last thing to be dealt with in both contested financial remedy proceedings and agreements, detailing that there is often no strict science to how they should be divided.

They go on to explore the key questions surrounding ownership of chattels, in particular whose name they are legally held by and how the item came to be owned by either spouse, noting that judges often push the issue back on the parties to decide by agreement and in the absence of agreement order a sale.

Mark, Rachael and Surya’s article was published in the May issue of LexisNexis’ Family Law journal.