Who gets the Picasso? Navigating chattels disputes in divorce

Surya Dawar, Hughes Fowler Carruthers

Chattels, whether art, jewellery or other heirlooms, often hold significant personal and financial value. Unfortunately, when marriages involving them come to an end, couples often face bitter disputes, particularly due to the absence of clear-cut legal principles governing their division. This article explores key pitfalls that arise when chattels are disputed in divorce proceedings. It addresses the crucial question of ownership, and the ways in which assets can become “matrimonialised”. Through an analysis of recent case law, including RI v NG, it highlights the importance of maintaining documentary evidence, and the different approaches a court might take in interpreting pre-nups (they’re not always followed to the letter!). It also tackles the complex issues of valuation, especially where insurance figures may be unreliable, and enforcement, particularly when items are stored abroad, as they often are by high-net-worth individuals.

Using these challenges as a backdrop, the article offers practical guidance to parties and family law practitioners on how to approach these emotionally and financially charged disputes.