Disposal of Assets

Frequently Asked Questions about Disposal of Assets

I believe my husband/wife is about to dispose of an account, which I may have a claim in. Can I do anything to prevent this?

You may have to make an Application to the Court. If the Court is satisfied that your husband/wife is about to dispose of an account to prevent you from making a claim then they have the power to prevent them from doing so.

The Court would also have to be satisfied that your claims could not be met in any other way. For instance, if there was a house of adequate value to meet your claims the Court might feel that the account need not be preserved although it could always be taken into account in any settlement even if it had been disposed of.

Can I make a claim on an account, which has already been disposed of?

In these circumstances the Court may set aside the disposals. However, again the Court would have to be satisfied that the monies in that account are necessary to meet your claims.

The other practical point is that if the monies have been disposed and not put into any other assets then there may be nothing that can be done. Any application would have to be made within 3 years of the transaction.

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