In financial proceedings upon divorce in England and Wales, all matrimonial assets are subject to fair and equitable distribution, and this includes artworks. Art—whether paintings, sculptures, or collections—often carries both monetary and sentimental value, and its treatment in divorce cases requires careful legal, financial, and practical consideration.

Legal Classification of Art Under the Matrimonial Causes Act 1973

Art is classified as an asset for the purposes of Matrimonial Causes Act 1973 and must therefore be disclosed as part of the financial disclosure process. Unlike liquid assets or income-generating property, art is (almost always) a non-income-producing asset and may be particularly difficult to value and divide. Its treatment will depend on factors such as provenance, current market conditions, and the asset’s importance to each party.

The Challenges of Art Valuation

Valuation is often the most contentious issue. Art is notoriously difficult to value due to its unique and subjective nature. The court typically relies on expert valuation, often from independent fine art appraisers. The valuer will consider recent sales of comparable works, the condition and provenance of the piece, and prevailing market trends. Courts encourage the use of single joint experts to minimise conflict and cost. Sometimes, both parties may instruct their own experts, although there is a specific legal procedure for this and it is a departure from the norm.

Matrimonial vs Non-Matrimonial Art

It is essential to determine whether the artwork is considered matrimonial or non-matrimonial property. Art acquired before the marriage, inherited, or gifted solely to one party may be treated as non-matrimonial and therefore excluded from the shared pot, subject to the overarching principle of fairness and the needs of the parties—particularly if the marriage was long or if the artwork has been enjoyed by both parties during the marriage.

Options for Dividing Art Assets

The division of art assets can be handled in several ways. The court may order the sale of the artwork with the proceeds divided between the parties, or it may order that one party retain the artwork with a balancing payment made to the other. In some cases, especially where emotional or reputational significance is attached to the artwork, courts will consider allowing one party to retain it, particularly if the artwork is integral to a business (e.g. an art dealer or gallery owner).

Judicial Discretion and the Principle of Fairness

The discretion afforded to judges in financial remedy cases allows for flexibility, but also uncertainty. In White v White [2001], the principle of fairness was emphasised, but in practice, each case turns on its facts. Where artworks form a significant portion of the family wealth—as is often the case in high-net-worth divorces—their value and allocation can have a material impact on the final settlement.

Conclusion: The Growing Importance of Art in Divorce Settlements

Art is treated as an asset in English divorce proceedings, but its unique characteristics require nuanced handling. Accurate valuation, careful legal categorisation, and consideration of the parties’ circumstances are essential to ensure a fair and equitable outcome. As art continues to grow in value and status, its role in financial proceedings will only become more prominent—demanding that family lawyers stay attuned to both legal principles and market realities.

How We Can Help

Dealing with valuable or sentimental assets like art during divorce proceedings can be challenging. Our experienced family law team is here to support you through every step of the process.

We provide clear, practical advice tailored to your circumstances and work with trusted experts to ensure assets such as artworks are properly valued and fairly treated. Whether your priority is retaining a specific piece, ensuring a balanced division, or simply understanding your rights, we’re committed to helping you reach a fair and informed outcome.

If you have questions about how art or other assets may be handled in your divorce, please get in touch. Call 020 3440 8000 or email family@tvedwards.com.