Family Solicitors Ipswich – Including properties in divorce settlements

Nicola Furmston

‘In an interesting development last week the Supreme Court ruled that seven properties owned by a company were held on trust for a husband. This meant that the properties were able to be included within a financial settlement on a divorce. The husband had argued, unsuccessfully, that the properties could not be included as they were not owned by him. A company has its own legal identity and is often used to hold assets that a spouse does not wish to be included in a  divorce.

To date,  courts have had very limited ability to ‘pierce the corporate veil’ and, whilst this case was very fact specific and its findings might not be able to be applied in all cases, the decision does give a glimmer of hope to those whose spouses use companies as a device to thwart financial claims on divorce. Congratulations to the wife’s legal team, particularly Richard Todd QC and Stephen Trowell of  1 Hare Court Chambers, both of whom are instructed on cases by the family team at Barker Gotelee.’

Nicola Furmston is a family law solicitor at Barker Gotelee, solicitors in Ipswich

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