When divorcing couples talk about splitting their assets they’re usually referring to the family home. Admittedly this will be a big part of the settlement but there could be a lot more up for grabs if you know where to look.
Countless wives have lost out on hundreds of thousands of pounds in the past because their solicitors didn’t claim a share of their husband’s pension. We have specialist knowledge in this area and experience has shown that the value of a pension can be higher than that of the marital home.
We’re not talking about simple savings accounts here. Most people will know about those already and will have factored them in. The things that often go unnoticed are stocks and shares, insurance policies, brokerage accounts, employee share schemes and other similar incentives and benefits. Our in-house forensic accountant looks at all this in detail for our clients to make sure we haven’t missed anything.
Your may have never liked your spouse’s antique vase or collection of rare stamps but now is the time to get them valued. They could contribute quite significantly to the asset pot.
Business interests should be considered as part of the family assets, even if the business was started prior to your marriage. The business doesn’t need to be in joint names to be considered and the courts are likely to take into account the contribution made by a spouse who has looked after the home and children whilst the other has built up the company.
Inheritance is a complex area and fact-specific. For example, money that has been left to one spouse very recently and has been left intact in a separate account might not be shared in some circumstances. However, you may have a claim to it as well as to inherited money that has been held in an account that has been used for family expenses, or property that has been transferred to joint names or used for the benefit of the family as a whole, even if these were originally bequeathed to your spouse.
Finally … Have you valued the assets accurately?
Asset valuation is complex and there can be several ways to way certain assets. Depending on how valuation has been approached, the figures are not always accurate and fair. We work very closely with property valuers, financial advisers and actuaries with expertise in pension valuation and specialist accountants who can assess business interests accurately and make sure tax issues have been taken into account.
We are also highly experienced in uncovering assets that have been hidden or undisclosed. This is really important because it’s very difficult to revisit a settlement once it has been agreed by the courts and you could end up missing out on money that will help you build a more secure future for you and your family.
Andrew Meehan is individually recommended for family law by both Chambers UK and the Legal 500. He is also a Resolution accredited specialist solicitor for divorce cases involving complex financial and property matters.
This article has been prepared with the aim of providing general information only and does not constitute legal advice in relation to any particular situation. While we aim to ensure that the information is correct at the date on which it is added to the website, the legal position can change frequently, and content will not always be updated following any relevant changes. In addition, everyone’s circumstances are different and this article is provided by way of general information only and must not be relied upon. If you require legal advice on a family law issue, please feel free to contact us by emailing firstname.lastname@example.org. Harrogate Family Law accepts no liability whatsoever in contract, tort or otherwise for any loss or damage caused by or arising directly or indirectly in connection with any use or reliance on the contents of any part of our website, except to the extent that such liability cannot be excluded by law.