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24 JUN 2014

For better or for worse: financial remedies and the proceeds of crime

Family Law

DAVID CHIDGEY, Barrister, Albion Chambers, Bristol

For some years the matrimonial courts have had to grapple with how to deal with a financial application where it is alleged that some or all of the property may represent the proceeds of crime. There is now a body of case law in this area.

In this article the author divides the reported cases into those where the court has exercised its distributive powers under the 1973 Act and those where it has not. The conclusion drawn is that the question of who actually owns the property is of importance.

Further that there are a number of reasons why a matrimonial court may refuse to award what might be termed 'the usual relief' to an 'innocent' spouse. The author goes on to provide a suggested summary of the law and a list of practical considerations for those dealing with such cases.

The full version of this article appears in the July 2014 issue of Family Law.

Online subscribers can access the full article here.