The Situation
Our client issued divorce and financial remedy proceedings following the breakdown of their marriage. During the case, the other party failed to engage with the process and attempted to dissipate business assets valued at over £2 million by transferring them into a relative’s name.
The client also required urgent protection through a non-molestation order due to the other party’s conduct.
The Key Legal Challenge: Protecting Assets and Securing a Fair Outcome
At the outset, the legal question was how the matrimonial finances should be divided fairly. However, once it became clear that the other party was not engaging and was deliberately moving assets, the priority became safeguarding our client’s financial position and ensuring those assets remained within the court’s consideration.
Our Strategy
This matter required careful planning, close case management, and urgent tactical decisions.
1) Identifying Dissipation Risk Early
We obtained evidence showing that the other party had removed themselves as a director and placed control of the businesses into a family member’s name.
2) Urgent Transfer and Injunction Strategy
To address the dissipation and protect the client’s position, we urgently requested that the matter be transferred to a court able to deal with the issue appropriately and urgently.
3) Robust Litigation Through to Final Hearing
As the other party did not engage at all, the matter proceeded through the court process and required detailed preparation for multiple hearings.
Outcome
The case involved five court hearings, including an injunction hearing.
At the final hearing, the Judge awarded our client 100% of the marital assets, including the business interests that had been at risk.
Key Takeaway
Where one party attempts to hide, transfer, or dissipate assets, acting quickly is essential. The family courts have wide powers to protect fairness but clients must take advice early, preserve evidence, and move decisively to prevent long-term financial damage.
Call to Action
If you are going through separation or divorce and are concerned that your spouse may be moving assets, transferring property, or attempting to reduce the financial settlement available, early advice can make a critical difference.
To speak with our Family team at Johnson & Boon Solicitors, contact us today to discuss urgent protective options and next steps.