Divorce or civil partnership dissolution often raises one critical question: what happens to the property? Whether it's a family home, an investment flat, or a portfolio of rental units, real estate is frequently the most valuable and contested asset.
A well-drafted divorce property agreement helps prevent disputes and ensures clarity around ownership, division, and ongoing financial obligations. It can form part of a wider financial settlement or be created separately by mutual consent.
Fraser Bond supports clients and their legal teams with expert real estate valuation, documentation, and asset structuring — helping ensure every divorce property agreement is based on accurate, enforceable information.
A divorce property agreement is a legal document that outlines how property will be divided between separating spouses or civil partners. It typically includes:
Who retains ownership of the matrimonial home
How rental or investment properties are to be handled
Whether properties will be sold, transferred, or bought out
Clarification of mortgage responsibilities and equity shares
Terms for occupation, sale timelines, or refinancing
In England and Wales, these agreements are often included in a Consent Order submitted to the Family Court. They become legally binding once approved by the judge.
You should consider a divorce property agreement if:
You and your spouse jointly own one or more properties
One of you owns a property that the other has contributed to financially
You want to avoid litigation by agreeing property terms amicably
There is a rental property or business-linked asset involved
You need a court-recognised plan for selling, buying out, or refinancing property
A comprehensive divorce property agreement should address:
Clearly state who owns what and how ownership will change post-divorce.
Define how net equity will be shared, especially if the property is to be sold.
If one party is buying out the other, detail the amount, payment method, and timeline.
Clarify who will pay the mortgage — and whether it must be refinanced or transferred.
Determine who keeps the asset, how rental income will be divided, or if the property will be sold.
Set out who can remain in the home and for how long, especially if children are involved.
Fraser Bond provides critical real estate expertise to strengthen and support your legal agreement. Our services include:
RICS-compliant market valuations
Appraisals for residential, rental, and commercial property
Historical valuations to support fair equity calculation
Calculating current equity shares
Factoring in mortgage balances and future payments
Contribution-based assessments
Identifying marital vs non-marital property
Supporting prenuptial or postnuptial clauses
Clarifying ownership for inherited or gifted assets
SPVs, trusts, or business-held property review
Joint ownership exit strategies and title transfer guidance
Reports and documentation suitable for Consent Orders
Coordination with family solicitors, mediators, and financial advisors
Expert witness statements where required
One party stays in the family home and buys out the other’s share
A rental property is retained by one party while the other receives financial offset
Inherited property remains separate with documented support
A jointly owned flat is sold, and net proceeds are divided 60/40
Commercial property is reassessed and retained within a business structure
A divorce property agreement brings clarity, structure, and peace of mind to an often complicated process. With the right legal guidance and expert property insight, you can protect your assets, avoid unnecessary conflict, and achieve a settlement that reflects both parties’ needs.
Fraser Bond works hand-in-hand with legal teams and clients to provide the valuations, documentation, and strategic support required for enforceable and equitable property agreements during divorce.
