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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Dealing with illiquid / hard to value assets

  • Gromble
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22 Dec 11 #303108 by Gromble
Topic started by Gromble
My STBX and I invested in the company I work for, however the shares are illiquid and cannot be sold until the company decides to buy them back.

They are only normally priced twice a year but we've had serious issues this year, meaning they've only been priced once. The value of that was much greater than what the next price will be but I'm worried that's the price they'll take into account when working out a value.

Can anyone shed any light on how illiquid stock is valued and what happens if I don't want to buy her out?

I'm hoping it's similar to a house sale and she'll just need to wait in them being sold rather than me being forced to buy her share.

  • Fiona
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22 Dec 11 #303134 by Fiona
Reply from Fiona
The "relevant date" for valuing assets is usually the date of separation. Most cases settle without involving the courts and it is a question of considering both parties aspirations, negotiating and compromising to reach an agreement.

Each party may retain the value of their shares or if the scheme allows it one spouse could transfer their shares to the other spouse and the value of the shares would be offset against another asset. For example, after a short marriage it usually isn't worth the costs of pension sharing and the value of any pension accrued during the marriage could be offset against the value of shares.

  • Gromble
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22 Dec 11 #303137 by Gromble
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The things is the "value" of the shares doesn't really mean anything as there's no real value until it's realised. On paper, you could say they were worth X amount on any given day but the only way to get any money back is to sell the, and the way our company is going, they're not going to be worth anything when that time comes.

I really don't think it's fair that my STBX can get out of her investment and I can't, and that I need to pay an inflated value to do that.

I'm sure she won't agree to simply keeping them until they're sold and then splitting the proceeds :(

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