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Whose money is it anyway? Re ARL [2015] EWCOP 55

Date:9 SEP 2015
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Anna Roiser Associate at Hunters Solicitors incorporating May May and Merrimans

When the family court has to decide the appropriate division of assets on divorce the first step is to work out what the parties' assets are. In many cases this is straightforward but in other cases complexities arise such as where one party claims that they are holding a particular asset for the benefit of a friend or family member and so they personally do not own it. If the family court accepts that that is the case then the court will neither share that asset with the other spouse nor consider it is as a resource of the party whose name it is in.

When such arguments are made it can be difficult for the court to assess the true picture. Family arrangements are often informal and sometimes little thought has actually been given to the technical legal position. For example ...

Read the full article here.