Dealing with Private Equity Investments in Financial Remedies Cases

Investments in private equity funds are a feature of some ‘big money’ divorce cases. In some cases, investments have been made in private equity funds and those investments, or profit sharing entitlements deriving from them, form part of the matrimonial or non-matrimonial property of the parties.

• Journal

• Carried Interest
• Sharing
• Funds
• Private Equity
• Investments
• Valuations
• PE
• Remuneration

• Andrzej Bojarski KC
• Marc Samuels

!18/03/2025 06:00

GO v YA [2024] EWFC 41113 December 2024

HHJ Hess sitting as Deputy High Court Judge. Discussion of valuing art and H’s art business, the difficulties of valuing large collections of art, and problems that can arise when experts are not cross-examined at final hearing.

• Cases

• Experts
• Valuations

• Beth Payne

Vince v Vince [2024] EWFC 38920 December 2024

Cusworth J. A long marriage with substantial wealth, held mostly in H’s green energy business. Questions of how to treat political donations; attributing value to pre- and post-marital business efforts; and discounting the value of a business already sold.

• Cases

• Companies
• Valuations
• Add-Backs

• Beth Payne

WX v HX [2023] EWFC 279 (B)21 December 2023

Mr Recorder Day’s judgment in a case involving complex procedural history, intervenors, non-disclosure and a ‘fragile’ business valuation. Of note is Recorder Day’s inclusion of his earlier decision to refuse a Hadkinson order. The judgment sets out the law of financial remedies clearly and succinctly: it should be mandatory reading for pupils/trainees.

• Cases

• Hadkinson Orders
• Disclosure
• Costs
• Business Valuation
• Valuations
• Intervenors

• Elizabeth Bowden

WW v XX [2024] EWFC 330 (B)11 October 2024

HHJ Hess. Final hearing involving valuation and matrimonial nature of business.

• Cases

• Matrimonial and Non-Matrimonial Property
• Experts
• Companies
• Valuations

• William Foulkes

Money Corner: EBITDA – The Valuer’s Measure of Profit

EBITDA – the valuer’s measure of profit, and other measures that may be considered.

• Journal

• EBITDA
• Revenue
• Single Joint Experts
• Profit
• Market Value
• Business Valuation
• Market Approach
• Valuations

• Jessie King

!22/11/2024 06:00

ED v OF [2024] EWFC 2979 September 2024

Cusworth J. Financial remedy proceedings relating to the valuation and division of a high-value music catalogue as a key matrimonial asset.

• Cases

• Matrimonial and Non-Matrimonial Property
• Companies
• Tax
• Valuations

• Ella Fogg

AT v BT [2023] EWHC 3531 (Fam)6 November 2023

Final hearing in a financial remedy application in which issues included undue pressure reducing weight of PNA, compensation, and non-matrimonial assets.

• Cases

• Sharing Principle
• Matrimonial and Non-Matrimonial Property
• Agreements
• Experts
• Tax
• Compensation Principle
• Valuations
• Trusts

• Isabella Thomas-Kelly

LMZ v AMZ [2024] EWFC 2812 February 2024

Moor J. A striking age difference, 48 years between the parties, gives rise to a strong needs-based claim.

• Cases

• Foreign Assets
• Life Expectancy
• Matrimonial and Non-Matrimonial Property
• Housing Need
• Companies
• Needs
• Valuations

• Kieran Ball

Businesses in Financial Remedy Claims

'Business' is a term that covers a multitude of different structures. The most common are limited companies (whether public or private), partnerships and sole traders. The courts will treat different businesses in different ways.

• Journal

• Sharing Principle
• Business
• Companies
• Business Assets
• Financial Remedies
• Expert Evidence
• Case Management
• Business Valuation
• Valuations

• Duncan Brooks KC

!13/03/2024 07:00