header-logo header-logo

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

Scuppering unscrupulous spouses

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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll