In financial disclosure for divorce in England and Wales, Binance assets are not excluded simply because they are "on an exchange" or "cryptocurrency." You need to treat them as an investment asset that must be valued and declared, entering them in the "personal assets" or "other assets" section of Form E, and attaching documents that show the quantity and value of your holdings. Currently Form E does not have a dedicated section designed specifically for cryptocurrency, but this does not change your disclosure obligation. Deliberately leaving it blank or only filling in a vague figure, if discovered later in proceedings, may amount to material non-disclosure, affecting settlement options and even leading to costs penalties.
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First understand what Form E requires you to submit
In financial remedy proceedings in England and Wales, both parties are usually required to exchange and file Form E (officially called the "financial statement for a financial order") simultaneously within a prescribed period after the application is issued. This form requires you to list property, bank accounts, investments, pensions, debts and personal belongings, and to attach supporting documents.
Cryptocurrency is not currently singled out in Form E. In practice, the approach is to place holdings in a Binance account under the "investments" or "other assets" section, and in the description state that these are crypto assets held through Binance. Family law firm Payne Hicks Beach advises that disclosure should include wallet addresses (if applicable), the type and quantity of each asset, the name of the platform or exchange where they are held, and the valuation. For Binance users, this means you need to export account records from Binance, rather than simply writing "I have some Bitcoin on Binance."
If you hold assets in Binance Earn, staking or liquidity pools, you should also explain the status of those holdings when disclosing them. Assets in staking are different in nature from available balances, and valuation may need to distinguish between them.
Organising materials from Binance: what to export and how
The Binance website provides a transaction history export function. After logging in, go to "Asset History" under "Assets," find the export entry, and select a time range to generate a statement. For records older than six months, you need to use the "custom" date range, and each user can generate only a limited number of reports per month (the official page states a range of 15 to 40 reports, with the specific quota shown in the interface). After a report is generated, the download link is only kept for 7 days, so you need to download it promptly.
The core information you need to organise is: as at the disclosure valuation date, which coins you hold, how many of each, and what their value was in pounds sterling or US dollars. Binance transaction history can support the quantity and transaction history, but the valuation needs to be determined by you or a professional using a clear date and price source. Do not fill in the form using "roughly what it is worth," and do not mix prices from different dates in your calculation.
If you also have products other than spot trading, such as futures or Earn holdings, note that these may not appear in the same asset history export. Spot trading history can be exported separately through "Spot Orders" under "Orders," but that entry mainly covers transaction records, not account balance snapshots. A safer approach is to export asset history and transaction history separately and cross-check them.
How to handle valuation dates and volatility
Cryptocurrency prices are highly volatile, and courts in England and Wales have taken note of this. Family lawyers have observed that crypto asset values can change significantly between preparing the asset schedule and the hearing date, sometimes by as much as 30%. Courts sometimes deal with the unfairness caused by such volatility by fixing a valuation date, using an average price, or adjusting through a lump sum payment.
For the organisation work you need to do, this means the valuation must state the date and the price source. Do not simply write "Bitcoin holdings worth X pounds" without noting which day it was valued on and which exchange's price was used. If you and the other party dispute the valuation date, that is a legal strategy issue that your lawyer needs to assess based on the circumstances of the case, rather than something you should decide on your own at the organisation stage by picking a date favourable to you.
A practical approach is to record the balance of each coin in your Binance account as at the date required for Form E submission or exchange, and at the same time keep price screenshots or export records from around that date. If prices later move significantly, these materials can show that the basis for your declaration was genuine, not fabricated afterwards.
The practical consequences of non-disclosure or inaccurate disclosure
In Culligan v Culligan, heard by the family court in England and Wales in 2025, the case involved Bitcoin originally purchased for £10,000 and later worth around £20 million, as well as approximately £371,000 in undeclared crypto assets that only emerged during the proceedings. This case is widely cited by family lawyers to illustrate that crypto assets are no longer a marginal issue in divorce cases, and that the consequences of non-disclosure are substantial.
The chain of risk from non-disclosure is concrete: if Binance assets are omitted from Form E, and the other party discovers through bank statements that you transferred money to Binance, or suspects through other clues that you hold crypto assets, the court can order you to provide supplementary disclosure. If it is found to be deliberate or reckless non-disclosure, you may be required to pay the other party's legal costs, and any settlement may be reopened. A more difficult situation arises where assets have already been transferred or mixed, making tracing extremely costly, but failure to trace does not mean there are no consequences—the court can draw adverse inferences against you when distributing known assets.
What you should check now is: whether you have crypto assets outside your Binance account (hardware wallets, other exchanges, deposits in DeFi protocols), and whether you have used your Binance account to hold assets for others or receive transfers on their behalf. These all need to be explained in disclosure. You cannot just organise "your own" Binance balances.
If you are the party required to disclose, but are unsure whether the other side is being honest
The fact that Form E has no dedicated crypto section applies equally to both sides. If you suspect the other party has undisclosed holdings on Binance or other exchanges, clues to watch for include: regular payments to crypto exchanges in bank statements, capital gains items appearing in tax returns, and trading apps remaining on devices. Family lawyers and forensic accountants sometimes use blockchain analysis tools to trace fund flows, but the cost and effectiveness of such work depend on the quality of the specific clues. Freezing orders can in theory apply to crypto assets, but enforcement is more difficult than with traditional bank accounts because there is no centralised institution that can receive a freezing notice. These are strategic issues to discuss with your lawyer, not something you can resolve by organising your own Binance records.
Completion standard for the organisation work
Before handing materials to your lawyer or filling in Form E, check the following:
- The quantity of each coin held in your Binance account has been recorded, with the recording date noted;
- The valuation uses a clear date and price source, and the pound sterling or US dollar amount can be recalculated;
- If you hold Earn, staking or futures positions, their status has been explained, rather than being mixed into "spot balances";
- Deposit and withdrawal records related to Binance in your bank statements have been identified and can be matched to account records;
- No other exchanges, wallets or nominee arrangements have been omitted.
Once you have done this, your disclosure of the Binance portion has a verifiable basis. What remains is legal judgement—whether the valuation date is appropriate, whether an expert report is needed, and how the other party may challenge it—which needs to be handled by a lawyer qualified to practise family law in England and Wales based on the specific circumstances of your case.
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References
- Legislation.gov.uk·Family Procedure Rules 2010, Part 9 (Procedure before the first hearing)，2026-10-28
- GOV.UK·Money and property when you divorce or separate，2026-10-28
- Payne Hicks Beach·Cryptocurrency in Divorce: Disclosure & Hidden Assets，2026-10-28
- Chambers and Partners·Navigating digital wealth: the challenges of cryptocurrency in divorce，2026-10-28
- Chambers and Partners·Dividing digital assets，2026-10-28
- Binance·How to Generate Transaction History?，2026-10-28
- Binance·How to Download Spot Trading Transaction History Statement?，2026-10-28
- Legislation.gov.uk·Form E (Financial Statement)，2026-10-28
