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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll