“A Lawyer’s Perspective’ Series - Nicole Derham, Partner, AFP Bloom.
Welcome to our series “A Lawyer’s Perspective” which aims to de-mystify and explain (in plain English!) some of the major issues that arise around family law. This piece concerns the small items in separation or “chattels” as they’re known in the legal world. When dividing assets at the end of a relationship, it’s natural to home in on the big-ticket items—property, pensions, investments. Yet for many, a persistent source of dispute lies in the everyday objects that fill our clients’ lives and memories.
Often relegated to the end of negotiations, these ”bits and bobs” can evolve from afterthought to headache. Sentimental value, practicality, and even stubbornness mean that deciding what happens to these items can provoke as much tension as deciding what happens to the home that they are kept in.Instead of “divide by agreement” as an afterthought, family lawyers often find themselves fielding disputes when agreements unravel, long after the major assets are sorted. Typical fallback provisions—letting ownership default to whomever physically has the item, requiring arbitration, or forcing everything to be sold and split—might sound simple, but rarely feel satisfactory for the people involved. They may also generate further cost and logistical headaches:
• Who makes the inventory of items?
• Who checks values?
• Who manages storage and arranges sales if needed?
• Who bears the costs until decisions are made?
The practical advice? Address the small items early. Jointly inventory all household contents, mark items of significance, and start honest discussions—before the big settlement is signed. Where possible, facilitate agreement on sentimental or irreplaceable items as part of the broader financial package. A transparent inventory, aided where necessary by professional valuation, can make the process less daunting and more equitable for everyone.
And hopefully move the division of the ‘small stuff’ from a source of lasting tension to an opportunity for fairness, creativity, and—just occasionally—closure.