How are art collections and jewellery treated in a divorce?

What will happen to my art collection?

Art collections, particularly where they are substantial, will need to be valued, and a determination made as to whether they are matrimonial or non-matrimonial in nature.

In situations where the parties to a divorce are unable to agree on who shall retain particular pieces of the art collection, and the value of the same is significant, the court will consider several factors. This may include, but is not limited to:

• Whether the art was bought or inherited (such that it is non-matrimonial in nature);
• Whether there are any records of ownership;
• Discussions had between the parties in relation to who will retain the art; and
• The views and wishes of the parties.

The court has the discretion to order that such artwork be sold, or that one party retain the artwork and pay the other party an amount equivalent to their share. If the matrimonial pot is large enough, or the value of the art not substantial, then the art may be of less significance to the court, and it may be that it is left to correspondence between lawyers to negotiate who retains specific pieces of the art collection.

What will happen to my jewellery collection?

In financial remedy proceedings, all personal belongings exceeding £500 in value must be disclosed. Jewellery collections, including watches and family heirlooms, can be of significant value. This can often cause further disputes when the parties are seeking to divide their assets following separation.

In most cases, a spouse may keep the jewellery that was gifted to them. However, there are exceptional circumstances where this may not be the case. If the jewellery is an old family heirloom, or the ‘giver’ can prove that the item was to be returned if the marriage ended, then they may be entitled to have the item returned to them. Or if the value of the jewellery is significant in the context of the overall assets, it may be that the sale of that jewellery is required.

What about my engagement ring?

According to section 3(2) of the Law Reform (Miscellaneous Provisions) Act 1970, the gift of an engagement ring shall be presumed to be an absolute gift.

This presumption may be rebutted by proving that the ring was given on the condition that it should be returned if the marriage did not take place for any reason. But obviously this would not be relevant for a divorcing couple.

What if there is a dispute regarding the value of my collections?

If the value of such art, antiques or jewellery assets is disputed between the parties, then the court may appoint an independent expert to value the items.

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