What if my spouse is greedy and the divorce settlement isn't fair?

If your ex-spouse’s greed has led to an unfair settlement, the court has the authority to reverse transactions intended to hide wealth and frustrate a marital claim under section 37 of the Matrimonial Causes Act.

Given the court’s extensive powers in making financial awards, it’s crucial to accurately value your assets to define your spouse’s entitlement.

When dividing assets in family cases, the court considers all property in which you have an interest. Even if the property is not in your legal name, the court may still include it if you have a beneficial interest or if it can be shown that these assets are under your control. It’s not uncommon for spouses to allege that gifts or trusts made by the other party should be included in the matrimonial pot.

Often, these allegations are justified, as some individuals use such structures to hide their true wealth. However, in many cases, these claims are unfounded, making it essential to demonstrate that these trusts or gifts are legitimate.

If a party believes that the other has deliberately alienated wealth to frustrate their claim by making spurious gifts or settling assets into trusts, they can apply to have the transaction set aside. Under section 37 of the Matrimonial Causes Act, the court can reverse a transaction if it is convinced that it was made with the intention of frustrating a marital claim.

Vardags will assist you in presenting the history of these dispositions transparently. Whether the intention was to benefit your children, a charity, or any other purpose, we will help you protect that settlement. With our extensive experience in high-value claims involving various trust structures, we will marshal the facts to ensure that the gifts or transfers you have made are not invaded by the courts.

If you’re considering or going through a divorce, click below for a free initial consultation with one of our expert divorce solicitors.

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