Who keeps the jewellery and artworks on divorce?

One of the many considerations during the divorce process is what happens to any jewellery or artworks owned by the separating couple. This is an emotive subject, where sentimental attachment to certain items of jewellery or pieces of artwork can be strong. It is important to get an expert evaluation of any significant assets and we would highly recommend seeking legal advice at an early stage to ensure your interests are protected.

What happens to Jewellery?

Jewellery collections, including heirloom pieces and watches can be of significant value and any items or personal belongings worth over £500 must be disclosed in financial remedy proceedings. Where the jewellery was gifted to someone, it is generally considered to be theirs to keep. However, there are exceptions to this. If a man gifts his partner an heirloom piece from his family and the marriage breaks down, they may be entitled to have the item back. Or if the value of an item is significant within the context of the overall assets, then it may have to be sold to ensure both parties have adequate funds moving forwards.

What happens to Artworks?

Any artworks purchased during the marriage are generally put into the matrimonial pot for division between the couple. It might be that the artwork is sold, and the profit divided between the couple or that one person keeps certain pieces and compensates the other. Alternatively, the couple may come to their own arrangement over how any artwork is divided up between them.

If the artwork pre-dates the marriage or was inherited by one partner, it is generally considered to be outside of the matrimonial pot. However, where an artwork, such as a piece of music or novel, earns royalties, the copyright ownership of the artwork can be a factor in the overall division of assets.

If you are struggling with issues arising from separation and divorce, we offer a no obligation initial consultation for a fixed fee of £100 (incl. VAT), for up to one hour. At this meeting, we can advise you on all the issues relating to your personal circumstances, allowing you to make informed decisions moving forward.

To book an appointment please call 01444 472700, email us at [email protected] or complete the form below.