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Set-aside application

If your partner has transferred assets in order to deprive you of your 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.

The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you.

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