The House of Lords decision in White v White [2000] UKHL 54 changed the landscape of property division on divorce by disapproving the practice that one party would retain business assets with the other receiving an award based on needs and enunciating for the first time the principle of equality of division of assets between spouses. Therefore, in cases involving companies and other financial business structures the court must determine the value of these structures and the appropriate manner in which to divide them. In this context applications may be made under Part 25 of the Family Procedure Rules for the appointment of experts to value companies and other business entities. Our members are experienced in applying for and in resisting such applications.
All members of the Harcourt Finance Group are experienced in cases involving businesses and in relation to issues such as minority discounts, charging orders and taxation. It is often the case that business assets are the most valuable assets in a case and the approach to division or retention of a business may be the key to resolving a case and to avoiding protracted and expensive litigation.
We aim to provide early comprehensive and strategic advice with a view to resolving the issues if possible. Where litigation is inevitable, we offer a comprehensive service including full access to our members when issues in the case arise and we are renowned for our thorough preparation, written analysis and robust advocacy.
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