I'm worried my spouse will give away assets, what can I do?

Your spouse might try to stop you getting your fair share by giving assets away – transferring them to business associate or family members – or by putting them into trust. In doing this they will try to reduce the amount of money available to meet your claim. Vardags are used to such tricks and can help you protect yourself from them.

If you have evidence that your spouse is going to dissipate their assets, either by spending them or moving them to other people or other countries, it is possible to obtain a freezing order. These orders freeze your spouse’s assets, allowing them access to no more than they need for their ordinary living expenses. This prevents them from making any major transactions and putting their assets beyond your reach.

Even when they have already made the transaction, it is not too late to act. The court has a power to set aside all transactions and transfers that a party has made in order to frustrate their spouses claim. Under this power (section 37 of the Matrimonial Causes Act) the court can investigate any transaction, and if it is not legitimate, undo it. This means that gifts to family members, friends, or trusts can be undone and the money brought back into your matrimonial pot.

Due to our experience with high value divorces, Vardags are used to advising clients and obtaining freezing orders and orders for set-aside. If you think your spouse might try to put money beyond reach, we can help you.

We offer a free consultation to qualifying individuals. Please call our confidential enquiry line on 020 7458 4339 or email us. Lines are staffed 24 hours.

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