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

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...

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