Updated 11:06pm 4 May 2012

LDP Legal Opinion: Divorce specialist Carole Atkinson on the impact of turbulent asset values

DIVORCE settlements are back in the news as the latest victims of the credit crisis.

The knock-on effect of shares, properties, business and pensions plunging in value means divorce settlements are becoming trickier to conclude.

City fund manager Brian Myerson hit the headlines last week in his attempt to overturn an £11.2m settlement. If he wins, he could open the floodgates for others alleging previously-agreed settlements can no longer be afforded.

Catherine Bokor-Ingram, the ex-wife of an investment manager, agreed an out-of-Court settlement recently rather than pursue her application to increase her maintenance payments after her husband’s “dispiriting news” about his bonus.

Appropriate legal advice can help to determine a strategy for divorce and for resolving the financial issues to ensure all available assets are identified and appropriately valued.

But that advice will need to be re-visited throughout the proceedings to ensure any changes in asset values and income are taken into account.

The Court’s approach to what is fair may also change in the future. In the wake of the current economic chaos, the Court may be more inclined to give an even greater proportion of the assets to the spouse who retains the “risk- laden” business assets rather than the cash.

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