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The treatment of RSUs/Stock Options in light of XW v XH

Date:30 NOV 2020
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Peter Mitchell QC, 29 Bedford Row

Stock Options and Restricted Stock Units (RSUs) are frequently encountered by the Family Court when dividing property on divorce or dissolution of a Civil Partnership. But what are they, and how are they dealt with in the context of a regime which is still evolving concepts of matrimonial and non-matrimonial property and of sharing? Spurred on by the judgment of the Court of Appeal in the recent case of XW v XH (Financial Remedies: Business Assets) [2020] 1 FLR 1015, this article considers the different approaches seen in the authorities, the competing arguments available to, and the practical challenges facing those seeking either to retain, or share in, these often valuable resources in the context of claims for ancillary relief. 

The full article will be published in the December issue of Family Law

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Read the full article here.