When couples separate, agreeing how assets should be divided can be one of the most complex aspects of the process. Property is often among the most valuable assets involved and establishing an accurate, impartial market value is an important step in helping both parties move forward with confidence.
In many cases, the court or the parties involved will rely on the opinion of a Single Joint Expert (SJE) to provide an independent valuation. While the role may seem straightforward, the quality of the instruction and the expertise of the valuer can have a significant impact on the advice provided and the way the matter proceeds.
A Single Joint Expert is an independent professional jointly appointed by both parties to provide an impartial opinion on a specific matter. In matrimonial proceedings, this is often the value of one or more property assets.
The purpose is to provide a single, objective valuation that can be relied upon by both parties but the duty of the SJE is to the court and not to the individual parties. Rather than each side instructing their own valuer, the SJE's role is to reduce the potential for conflicting evidence and help streamline the process, and therefore joint instructions are issued via both parties (typically via their acting solicitors). SJE appointments can also be more cost effective for the parties because one valuer is appointed, rather than two.
The SJE’s overriding responsibility is to provide an independent opinion based on professional expertise, evidence and market knowledge.
Many people assume matrimonial valuations relate solely to the family home. In reality, the range of assets requiring expert valuation can be much broader.
In broad terms, matrimonial assets are those built up or acquired during the marriage, whereas non-matrimonial assets are typically those owned before the marriage or received individually through inheritance or gift. While the distinction can be important, the treatment of any asset will depend on the specific facts of the case and the needs of the parties involved.
Depending on the circumstances, a valuation expert may be asked to assess residential property, buy-to-let investments, country houses, development land, farms and agricultural holdings, commercial property, mixed-use assets or wider property portfolios.
Each asset type presents its own considerations. Some may have complex ownership structures such as partnerships, limited companies and SIPPs; there may be land with development potential, tenancy arrangements or other factors that can influence value. Selecting an expert with experience in the relevant sector is therefore particularly important to ensure the valuation reflects the asset's specific characteristics and market context.
One of the most overlooked aspects of the valuation process is the quality of the instructions provided to the expert.
Typically, the expert is jointly instructed by both parties' solicitors through a Letter of Instruction. This document forms the foundation of the expert's work and should clearly set out what is being valued, the purpose of the valuation, the valuation date and any specific matters the expert is required to consider.
A carefully prepared joint instruction helps ensure that all parties have the same understanding of the scope of work from the outset. It also enables the expert to provide a report that addresses the relevant issues directly and efficiently.
Where instructions are ambiguous or incomplete, difficulties can arise. Questions may emerge regarding the basis of valuation, whether certain assets have been included correctly, or what assumptions the expert was expected to make. This can lead to delays, additional costs and requests for clarification, all of which can add unnecessary pressure to an already challenging situation.
Given the often-sensitive nature of matrimonial proceedings, clear written communication between the legal teams and the expert is essential to help avoid misunderstandings and keep the process moving forward. In reality, the most robust instructions received from acting solicitors should include dates of valuation, title registers and numbers to clearly show the assets to be valued and full correct addresses (especially important where there is a portfolio of assets).
Once instructed, the valuer will undertake the necessary investigations, inspections and market analysis before preparing a formal report.
The report is addressed to the court and will be prepared in accordance with the guidance for experts in the Family Procedure Rules and also the RICS professional standard ‘Surveyors acting as expert witnesses’ (and additional guidance). It and will set out the expert's independent opinion of value, together with the reasoning and evidence supporting that conclusion. It will also include details of the property, relevant market commentary, comparable evidence and any assumptions or qualifications considered necessary. It will then be signed off with an expert’s declaration and statement of truth.
In some cases, the expert might be asked to provide an advisory report to the parties, ahead of (or in contemplation of) any court proceedings. There is however a clear distinction between expert advisory work and expert witness work and as such, it is critical that the type of advice required is clearly communicated and understood. Again, transparency is a fundamental part of the process.
Whether a court report or an advisory report, the valuer’s work should provide a clear, balanced and evidence-based assessment that can assist decision-making and, where possible, reduce areas of dispute. A Single Joint Expert report should be sufficiently robust to address all issues in dispute and provide clarity regarding the asset's value.
Where a matter proceeds to court and the valuer is subsequently cross-examined on their report, a detailed and well-reasoned analysis will only serve to assist the court further in understanding the valuation evidence and reaching an informed decision.
Not all property assets are the same, and neither are the valuations required to assess them.
An effective matrimonial valuation requires more than technical expertise alone. It calls for independence, sound judgement, clear communication and an understanding of the legal framework within which the valuation will be used.
It is also important to appoint a professional with experience of acting as a Single Joint Expert and preparing reports for matrimonial proceedings. Familiarity with court requirements and expert witness responsibilities can help ensure the report is robust, transparent and suitable for its intended purpose.
At a time when individuals and families may be navigating significant personal change often under financial pressure, the value of clear, objective and dependable advice should not be underestimated.
Contact Emily Summerfield or Sarah Fellows
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