Navigating the labyrinth of private equity (PE) investments during a divorce can feel like trying to solve a Rubik’s Cube blindfolded.
Imagine your PE investments as a garden of exotic plants you and your spouse decided to grow some years ago. Some plants (investments) are just sprouting, while others are fully bloomed. Come divorce, deciding who gets the bonsai tree and who keeps the towering oak becomes a horticultural headache.
Firstly, timing is everything—just like deciding when to water the plants. Investments made during the matrimonial greenhouse phase are generally shared, even if one of you had a less green thumb.
Pre-nuptial agreements act as the garden fence, outlining which plants were yours before you started gardening together, possibly keeping your prized roses protected.
Valuing these plants, especially the ones not fully bloomed, requires a botanical expert. It’s not just about how tall they are now but predicting their future growth, considering they’re not exactly easy to uproot and sell at the garden centre tomorrow.
Jurisdiction dictates gardening rules. Just as different plants thrive in different climates, laws on dividing your green investments vary widely.
For the spouses entangled in the vines of PE investments, remember: transparency is like sunlight; it helps things grow. Keep detailed gardening records, and consider involving a legal gardener (lawyer) who specialises in international family law and understands the exotic nature of PE investments.
Wrapping up, PE investments add an intriguing layer of complexity to divorce settlements. Like gardening, it requires patience, knowledge, and sometimes, a willingness to let some plants go to ensure both gardeners can start anew. Just make sure you’ve got a good pair of gardening gloves (legal advice) to handle the thorns and all.
Further reading:
- RN v DA (divorce – rescission of decree nisi) [2023] EWFC 255 (30 November 2023)
- Ratcliffe v Ratcliffe [2021] EWCA Civ 247 (01 March 2021)
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If you would like more details on this or want to discuss your family law matter, please do not hesitate to contact James, Frank, or Evelyn. Paradigm Family Law offers a free initial consultation with a top rated divorce lawyer and our fixed fee solutions cover financial proceedings from start to finish. You can call us on 01904 217225 or email us to [email protected].
