Setting aside a transfer

If you suspect that your spouse has transferred an asset such as a property or some shares to someone else with the intention of making their assets look smaller than they actually are, you can ask the court to make an order setting aside the transfer.  The Court of Appeal recently set aside the transfer of a £2 million Surrey mansion by a Russian financier having decided that the transfer was a deliberate attempt to keep the property out of the matrimonial ‘pot’.

This type of order is available in ordinary divorces in the County Court – the asset in issue does not have to be exceptionally large.