Cryptocurrency is reshaping financial remedy cases, warns Robert Webster of Maguire Family Law in NLJ this week. Digital assets—concealable, volatile and hard to trace—are fuelling suspicions of hidden wealth, yet Form E still lacks a section for crypto-disclosure
Non-disclosure may amount to material nondisclosure, as seen in Sharland v Sharland and Gohil v Gohil. Even when traced, values can swing 30% before hearing, and recipients may never gain access without wallet keys or overseas co-operation.
The forthcoming Property (Digital Assets etc) Bill will classify such holdings as a third form of property, providing long-awaited legal clarity. Until then, practitioners must ask sharper questions, seek forensic help and train to spot concealed tokens.
As Webster concludes, family lawyers who understand blockchain’s mechanics will best secure fair outcomes in an era of digital wealth.
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