header-logo header-logo

Scuppering unscrupulous spouses

06 June 2013 / Edward Heaton , Anna Heenan
Categories: Features , Family
printer mail-detail
istock_000007711731medium

What are the implications of a court setting aside a disposal made by a divorcing spouse to a third party? Anna Heenan & Ed Heaton report

It is not uncommon on divorce for people’s thoughts to turn to limiting their spouse’s financial claim. For the unscrupulous, this can go a step further with people “disposing” of assets to try and put them beyond their spouse’s reach. While the courts have a wide discretion under the Matrimonial Causes Act 1973 (MCA 1973) to redistribute assets between the parties on divorce, matters are inevitably more complicated when the assets in question are held by parties outside the marriage.

In the recent case of AC v DC (No 1) [2012] EWHC 2032 (Fam), the court had to consider the extent to which it was appropriate to invoke its power under s 37 of MCA 1973 to order the setting aside of a disposal made by one of the parties to the marriage to a third party in the form of an offshore corporate trustee.

Background

After

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll