Prevention & Avoidance of Dispositions - Principles & Practice for Family Lawyers

Introduction

What happens when one party exploits their better title to attempt to place assets beyond the reach of the other party and the courts?

Parties are likely to be concerned to ensure that the available capital is not deliberately dissipated either in anticipation of, or following, the making of an application for financial remedies.

This webinar will explore the different mechanisms available to you to protect your client’s interests, looking in detail at section 37 of the Matrimonial Causes Act 1973, including set asides, freezing injunctions, and search orders.

The webinar will also consider when it is appropriate to make an application and the criteria to be satisfied.

What You Will Learn

This webinar will cover the following:

• Navigating section 37 MCA 1973: when and how do we use it?
• Defining a reviewable disposition
• The elements of a ‘defeating’ disposition.
• How can the court be ‘satisfied’ within the meaning of section 37(2)?
• How can ‘intention’ be gleaned within the meaning of section 37(2)?
• Having identified a disposition, what can the court do about it?
• What limitations are there? Other parties, cross-jurisdictional, good faith disponees
• Piercing the corporate veil
• Search orders - a rarely deployed tool

This webinar was recorded on 11th October 2023