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Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
In an attempt to denude their spouse of a fair share of the assets, it is sadly not uncommon for parties engaged in financial proceedings to deploy underhand tactics when it comes to disclosing assets and income.
Thankfully, the English courts have demonstrated time and time again a willingness to flex their judicial muscles when one of the parties refuses to meet their disclosure obligations or tries to place assets beyond the reach of their spouse.
In this blog, we explore the various ways in which a spouse considering divorce can strengthen his or her claims following the breakdown of the marriage, especially if they think there is a risk their other half may not play fair when it comes to disclosing assets.
As well as advising clients in bringing a claim for financial provision, we also frequently advise the person with the greater share of the wealth. For those clients, it is crucial that they understand the obligations placed upon them in terms of disclosure and which assets the court is likely to consider available for sharing. Strategic wealth management and putting protections in place such as a pre or post nuptial agreement can be an effective way of protecting assets.
In divorce or dissolution proceedings, before settlement negotiations can begin, it is vitally important that both spouses have a full appreciation of the other’s financial circumstances. To achieve this, the courts require that both parties provide full and frank disclosure of their financial arrangements, spanning back at least 12 months. This disclosure then paves the way to transparent and fair settlement negotiations.
Although the majority of people enter the divorce process with the intention of being open and honest, there are some who wrongly think they can outplay the system. As a result, we frequently encounter underhand attempts by one spouse to make it appear as though they have less cash or fewer assets in their possession, in the hope that this will mean their spouse gets a smaller award.
Previously, we have encountered attempts such as:
First and foremost… trust your intuition!
Frequently, our clients seek legal advice because of a suspicion they have that their spouse may be taking steps to hide or temporarily dissipate their assets. Often, these suspicions will date back to a time before the marriage had broken down.
It is quite understandable that you may be daunted by the apparent knowledge-advantage or head-start you think your spouse has, especially if they have been the one to manage your family’s finances throughout your marriage. This is why it is crucial to seek specialist legal advice at an early stage. Indeed, it is becoming increasingly common for our clients to seek pre-emptive advice about disclosure and asset protection even before the marriage has ended.
If you or your spouse has a connection to a country other than England and Wales, it is especially important that you do not delay in taking legal advice as the English courts are known to place rigorous disclosure obligations upon parties to a divorce. This is not, however, the case in all countries. As a result, where one party is motivated to avoid disclosure, they may seek to seize the jurisdiction of a foreign court. In doing so, this could have a significant impact on the disclosure required, and ultimately, the financial award made. Having the earliest petition can often have a big impact on where the proceedings will be heard, so acting fast can be of great benefit to the party seeking the disclosure.
As well as taking early advice, other preliminary steps you should consider taking include:
If, through taking the steps outlined above, you are able to show that your partner has failed to comply with their disclosure obligations or s/he has taken steps to hide assets, all is not lost. The family courts have wide reaching powers to:
Despite the wide-ranging powers the court has in these situations, if you do have any suspicion that your partner may be taking steps to hide, move or dissipate assets, you should act fast and take specialist family law advice. As the saying goes, prevention is better than cure.
FURTHER INFORMATION
If you are affected by or concerned with any of the issues in this blog, please contact our family and divorce team or click here to get started online and find out where you stand.
Mia Harrison is an Associate in the family and divorce team. She advises clients on all issues arising from the breakdown of marriage and a significant number of her cases involve disputes which have complex financial and international aspects. Mia has expertise in advising unmarried and cohabiting couples, and also preparing pre and post nuptial agreements. She also has extensive experience in private children matters, many of which are successfully settled outside of the court process. These include contact arrangements, issues surrounding international relocation and financial provision for children. Before joining Kingsley Napley, Mia worked at a niche family law firm in the City which specialised in representing high net worth individuals.
We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
Jemma Brimblecombe
Charles Richardson
Oliver Oldman
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