Protecting my finances through divorce

Protecting your finances during divorce is a concern faced by many individuals. This question is more prevalent with higher income families or where the is a significant disparity of income between the parties. The feeling of “this is mine, I want to keep it” is common, but sometimes people have ideas on what they can do, and this article may help you avoid trouble further down the line.

If you have any questions that are not covered here, our specialist divorce solicitors Liverpool are able to advise you through the process.

Hiding assets

Divorce and financial agreements are built around full and frank financial disclosure. It is therefore important that all assets are disclosed.  If assets have not been disclosed and the court comes aware of this then there could be serious consequences.

During financial proceedings, the courts are able to consider people’s behaviours and actions. The court is within its powers to draw conclusions if a disclosure-related questions are not fully resolved, and financial consequences may apply.

Moving money

It is important to consider any money you are moving from account to account as it could be interpreted as an attempt to hide the funds or keep them out of the financial picture.

To avoid potential issues down the line its best that you are transparent with any significant money transfers.

Spending money to reduce the settlement

Spending significant amounts of money prior to divorce is not a wise decision. The court will see this as a clear attempt to deny your spouse their fair share.

If you try to dispose of the majority of your assets prior to getting a divorce, your spouse may ask the court for a freezing injunction. Though only used in extreme cases, an injunction is used to prevent someone from selling or handling assets until a divorce or financial dispute is resolved.

Selling or Transferring assets

Selling or transferring assets without your spouse’s knowledge is a sure attempt to keep them out of a financial settlement. When discovered, a common approach from the courts is to split other assets to offset the impact of the missing asset.

Withdrawing assets from the matrimonial estate without the consent of the other party is extremely risky and best avoided entirely.

Debts

It is important to remember that you are each responsible for any debts or any shared loans or accounts until a financial resolution has been reached.

If there is a possibility your ex-partner won’t allow you to withdraw any money from the joint account then make sure you stop any wage payments from going into your joint account.

If you have a joint mortgage, you’re both equally liable for the entirety of the loan, not half each. Failing to keep up your mortgage payments will not only reflect poorly on you in court, but it could damage your credit rating making it harder to borrow and re-house in the future.

Protecting my pension

To protect your pension, it helps to know how much you have in the first place.

Professional advice is necessary during high net worth divorce and it is becoming more common place to instruct a pensions actuary to ensure that pensions are divided correctly in the financial settlement.

It is also important to consider the percentage of your pension that may have accumulated prior to your marriage to determine whether it is possible to exclude this portion in financial negotiations. A pension actuary is also able to help with this.

The Consequences

If you are discovered tampering with matrimonial assets or the court determines that you have, the court may allocate other assets to make up for the loss of the concealed or sold assets to your spouse.

In the end, hiding, selling, or transferring assets to deny your ex-partner a fair settlement and to mislead the court constitutes fraud and the court will work within its powers to equalise the settlement and in a worst-case scenario you could find yourself facing a prison sentence.

If you have concerns and wish to best protect your assets through divorce speak to one of our experienced divorce solicitors Liverpool today.