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Set-aside application

If your partner has transferred assets in order to deprive you of you fair share, then it may be possible to set-aside that transaction. Under s37 of the Matrimonial Causes Act, the court has the power to “set-aside”, or undo, transfers of assets.

The court will use this power if you can demonstrate that the transfer was done to frustrate a matrimonial claim. If the transfer was made in the three years before proceedings were issued, then the court will presume that it was done to defeat your claim – leaving your partner to demonstrate that the transaction was made in good faith.

This power can be used if your spouse has moved money into trusts, or given it to friends and relatives. Often it can be vital in getting your fair share of those assets.

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