A RICS matrimonial valuation provides an independent opinion of the market value of property for a financial settlement, mediation or legal proceedings. Sterlingworth prepares impartial, evidence-based divorce settlement valuations for individuals, solicitors and mediators, with expert witness support available where specifically instructed, including acting as a single joint expert.
Sterlingworth Surveyors is registered and regulated by the Royal Institution of Chartered Surveyors (Firm Registration Number 850747). Matrimonial property valuations are carried out by RICS Registered Valuers in line with RICS professional standards, and reports for court proceedings also follow the court’s rules for experts.
Our role is a narrow one: to give a clear, well-evidenced opinion of value that both parties and their advisers can understand and, where needed, test.
A matrimonial valuation is usually needed when property forms part of the finances being divided and the parties do not agree its value, or want an independent figure first. It is used in three main settings.
Where both parties are working towards an agreement, often through solicitors, an independent valuation gives everyone the same starting point. The agreement is normally recorded in a consent order approved by the court.
The parties may agree to obtain a valuation, often jointly, so the figure discussed in mediation comes from an independent source.
If financial remedy proceedings begin, each party sets out their finances, including property, in a financial statement known as Form E. The court decides what expert evidence is needed, usually at the first appointment, so that values are available before the Financial Dispute Resolution (FDR) appointment. Expert evidence can only be put before the court with the court’s permission.
The same applies when a civil partnership is dissolved. This page describes the process in England and Wales; the rules in Scotland and Northern Ireland differ.
A divorce property valuation can be instructed by both parties together, or each party can instruct their own valuer. Neither approach suits every case; your solicitor or mediator can advise.
Both parties agree on the valuer and the instructions, and the valuer reports to both at the same time without acting for either. In proceedings, the court may direct that valuation evidence comes from a single joint expert, whose overriding duty is to the court.
Some people prefer to take their own valuation advice, for example before negotiations begin. Once proceedings have started, a report from a valuer instructed by one party can only be relied on as expert evidence with the court’s permission.
| Jointly instructed / single joint expert | Instructed by one party | |
|---|---|---|
| Who instructs | Both parties, usually through their solicitors | One party, or their solicitor |
| Who receives the report | Both parties, and the court where directed | The instructing party |
| Typical setting | Negotiation, mediation or court proceedings | Early advice or negotiation |
| Use in court | As a single joint expert, where the court directs | Only with the court's permission |
| The valuer's position | Independent; duty to the court when acting as an expert | Independent; duty to the court when acting as an expert |
The valuer inspects the property, analyses comparable market evidence and forms an opinion of market value at the valuation date set out in the instructions. The report explains how that figure was reached.
Where one party still lives in the home, access is arranged in advance. If any part of the property cannot be inspected, the report says so.
Matrimonial valuations are one of our residential valuation services.
Most matrimonial valuations give the current market value of the property, based on the date of inspection. Sometimes a value at an earlier date is also needed. This is known as a retrospective valuation.
A retrospective valuation might be requested for the date a property was bought or the date the parties separated, for example. It relies on market evidence available at that date, and the report explains any limitations, such as works carried out since.
Which date is relevant is a legal question for the parties’ solicitors or the court. The valuer reports on the date or dates set out in the instructions.
A settlement often involves more than the family home. Several properties can be valued under one instruction, with each assessed individually and set out clearly in the report.
Let properties are valued on the basis set out in the instructions, for example with the existing tenancy in place or with vacant possession, because the two figures can differ. The valuer takes account of the tenancy details and rental income provided.
Shops, offices, industrial units and mixed-use buildings are valued by a commercial valuer, using the lease terms and rental and investment evidence for that property. See our commercial property valuation service for more detail.
A property valuation is not a business valuation. If a business also needs valuing, your solicitor can advise on the right expert.
The report is a written, signed document that sets out the opinion of value and the evidence behind it. It typically includes:
Where the valuer acts as an expert in court proceedings, the report also meets the court’s requirements for expert reports, including a statement of truth and a declaration that the expert understands their duty to the court.
A matrimonial valuer is independent. The valuer gives an objective opinion of value and does not take sides, advise either party on how assets should be divided, or negotiate on anyone’s behalf.
Before accepting an instruction, the valuer checks for any conflict of interest.
When acting as an expert in court proceedings, the valuer’s overriding duty is to the court, regardless of who instructs or pays them. This duty is set out in Part 25 of the Family Procedure Rules 2010 and Practice Direction 25B.
Matrimonial instructions are handled with discretion.
Many matrimonial valuations are arranged through solicitors or mediators. Instructions are agreed in writing, setting out the property, the purpose, the valuation date and any deadlines, including court timetable dates.
Once the report is issued, the parties or their solicitors can ask the valuer to clarify it. In court proceedings, written questions to an expert are normally put within 10 days of receiving the report, unless the court directs otherwise.
Solicitors can read about our wider services for solicitors, or contact us to discuss an instruction.
The fee depends on the property and on the instruction. The main factors are:
We confirm a fixed fee in writing before you instruct us.
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Not always. If both parties agree the value of a property, a formal valuation may not be needed. Where the value is disputed, or likely to be examined in mediation or court, an independent valuation by a RICS Registered Valuer provides a documented, evidence-based figure. Your solicitor can advise whether you need one.
Yes. A valuer can be instructed jointly by both parties and report to both at the same time. In court proceedings, the court may direct a single joint expert, whose overriding duty is to the court. Sterlingworth’s valuers can act as a single joint expert, subject to a conflict check and agreed instructions.
It depends on how the valuation was instructed. In financial remedy proceedings, expert evidence can only be used with the court’s permission, and the report must meet the requirements for expert reports in the Family Procedure Rules. A valuation prepared for negotiation may not meet them, so tell us at the outset if the report may be needed for court.
Usually the current market value, at the date of inspection. Solicitors sometimes also ask for a retrospective value, such as at the date of separation. Which date matters is a legal question for your solicitor or the court; the valuer reports on the dates set out in the instructions.
Each property is inspected and valued individually, and all can be set out in one report. Let properties are valued on the basis agreed in the instructions, such as with the tenancy in place. Commercial property is valued by a commercial valuer.
No. The valuer’s role is to give an independent opinion of value and explain the evidence behind it. How assets are divided is a matter for the parties, their solicitors, a mediator or the court.
It depends on the number and type of properties, access arrangements and any court deadlines. We confirm the inspection date and when to expect the report before you instruct us. If there is a court timetable, please tell us about it at the outset.
Tell us about the property or properties involved, the purpose of the valuation and any deadlines. We will confirm whether we can accept the instruction, and the fixed fee, before you commit.
We carry out matrimonial valuations across London and the South East.
