How does a court decide what financial order to make if I divorce my spouse and they have cryptocurrencies investments?

This is the checklist the Court looks at to answer the question of what is there in the matrimonial pot.

1) The first consideration is the welfare of any child of the family under 18

2) The court will have particular regard to the following matters – 

a) the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity

b) the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;

c) the standard of living enjoyed by the family before the breakdown of the marriage;

d) age of parties and length of marriage

e) any physical or mental disability of either of the parties

f) the contributions which each of the parties

g) the conduct of each of the parties, if that conduct if it is serious enough to rely on

h) any benefit which a person might lose if they get divorced.

Cryptocurrencies such as Bitcoin fall withing 2(a) above just as other assets the price of which might vary from day to day such as shares and property. If your spouse has a cryptocurrency investment there needs to be full disclosure and this needs to be disclosed fully and professionally valued.

At Lewis Nedas Law our team is family know for our relentless pursuit of disclosure in family proceedings to ensure the best conceivable outcome for our clients.

Please contact us on 02073872032 or use our online enquiry form if you require family law advice and assistance

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