Hiding Assets During Divorce

Posted March 4th, 2013

Not a good idea. Of course it may seem unfair to have to declare assets that were acquired before you got married; or assets that were solely paid for by you during the marriage, but the fact is if you aren’t up front about your finances during divorce then you are risking a spell in prison.

According to a survey by Co-operative Legal Services, 25% of those who go through divorce will hide aspects of their finances from their soon to be ex-partner. And here’s the really surprising thing about this survey – the survey was conducted online and involved around 800 divorcees and it found that women are more likely to conceal money and possessions during a divorce.

From a little research on the good ol’ worldly wide web, it looks like most divorces are initiated by women. Stats abound from anything between 55% and 91%. So what are we to glean from this? It does make for depressing reading. You could take the view that women view marriage purely as a move to make financial gain. Whereas I’ve no doubt that it’s true for some, it surely can’t be true for anything more than a minority. That would be highly cynical.

I think it points more to the fact that many people marry the wrong person and do it too quickly; and as it is often the mother whom the children will live with, you may imagine that she may feel justified in hiding financial assets from an estranged spouse. After all, she’s only doing it for the kids. Morally justifiable it may be, but it is illegal and you are putting yourself in contempt of court if you do this. The whole point of settlements is to make sure that both sides have the chance to put their lives back on track. The best way to ensure that there is a fair outcome is to be completely open and honest. If you’re made an offer you aren’t happy with then you don’t have to accept it. On the other hand if you’re made an offer that you don’t know if you should accept or you want help with negotiating then get in touch.

I am a Resolution Accredited IFA and as such I am in a position to help you get a fair settlement without risking prison!

FINANCIAL ASSISTANCE SCHEME.

Posted August 27th, 2012

Question :  Why is it that a pension share can be applied to a pension in the pension protection fund but not to one in the
financial assistance scheme.

Answer : Unfortunately despite lobbying by Resolution, the financial assistance scheme remains unable to deal with compensation pension sharing orders, unlike the pension protection fund.

Therefore, if you are affected by a scheme in this situation you will be unable to use it for the purposes of pension sharing.

It will be essential therefore to look at how to divide your pensions via a different method.

DIVORCE LIFELINE

Posted August 22nd, 2012

An interesting development with Divorce Lifeline – www.divorcelifeline.co.uk.

It is interesting to note some of the claims being made by the company in relation to pensions and also their credentials to be in this market in the first place.

However, there is a growing trend towards looking at the settlements that clients are getting and it is in the divorce solicitors best interests to look at how a pension settlement is arrived at.

As a Resolution Accredited Independent Financial Adviser, I do see many mistakes made and we are here to help.

http://www.cisionwire.com/sky-communications-international/r/divorce-solicitors-under-fire-,c9286689

RESOLUTION ACCREDITED IFA – RE-ACCREDITATION

Posted August 15th, 2012

I am pleased to confirm that I have been re-accredited for a further five years, having recently completed the process via Resolution.

In order to qualify for re-accreditation I had to show that:

  • I am a paid up affiliate member of Resolution.
  • I am currently regulated by the FSA to provide Independent Financial Advice
  • There are no matters affecting my competence or fitness to be held out as an accredited specialist of which Resolution should be aware.
  • I have never been convicted of an offence in any court of the UK or elsewhere (other than a motoring offence not resulting in
    disqualification).
  • I continue to undertake a minimum of 36 cases per annum, or 150 hours family law case work each year and provide evidence of this for the preceding 12 months.
  • Confirm that Resolution may approach a designated person for a reference in relation to the standard of my expertise.

I also had to provide the following documentary evidence:

  • A schedule of case work for the 12 month period prior to my re-accreditation, demonstrating the 36 cases or 150 hours per annum
    minimum casework required, and the name of the solicitor or mediator with whom I worked, or from whom the case was referred.
  • A written reference from a referring family lawyer confirming the work carried out during the preceding 12 months, and that
    the work was satisfactory.
  •  Details of my Continuing Professional Development (CPD)  record for the preceding 5 years showing at least 8 hours of CPD in family law and practice topics for each year.
  •  The fee required by Resolution.

As you can see there is quite a lot involved in getting Reaccredited and we are serious about helping our clients get the best settlements possible.  Don’t you owe to yourself to make sure the IFA you work with is this qualified.

If you want to talk please call 0800 092 1229 or email me – phil@white-well.co.uk

Resolution Accredited Independent Financial Advisers (IFA) – New logo

Posted December 20th, 2011

I am pleased to announce that the Resolution Accredited Independent Financial Advisers (IFAs) have been given a nice gold logo to use to distinguish them from the family lawyers and this is now proudly displayed on our website.

As one of only ten advisers in the North West with this designation I am extremely proud of this qualification.

If you would like advice in respect of pensions and your divorce financial settlement or pension sharing why not call us on 0800 0921229 or email phil@thedivorceifa.co.uk.

Resolution Accredited Independent Financial Advisers

Posted January 17th, 2011

You can now search the Resolution public website for all the qualified Resolution Accredited Independent Financial Advisers (IFA) to assist you with issues such as:

  • Pension Sharing
  • Pension Offsetting
  • Pension Attachment
  • Budgeting
  • Life Assurance needs
  • Financial Planning

The search tool can be found here -

If you would like more information about how we advise our clients on the financial aspects of divorce, please contact us on 0800 092 1229 or email phil@thedivorceifa.co.uk

Collaborative Law – What is it?

Posted September 20th, 2010

Collaborative Law is an alternative approach to divorce.

The collaborative family law process is a relatively new way of dealing with family disputes. Each person appoints their own lawyer but instead of conducting negotiations between you and your partner by letter or phone you meet together to work things out face to face.

Each of you will have your lawyer by your side throughout the entire process and therefore you will benefit from legal advice as you go. The aim of collaborative law is to resolve family disputes without going to court. It is an alternative to a conventional divorce or mediation.

You can find further information on Collaborative Law at the Resolution website – www.resolution.org.uk

You can also find out more information in the attached leaflet.

Brighter Future leaflet

I am currently active in two PODs – Greater Manchester – www.separationsolutions.co.uk and Collaborative Law Merseyside – http://www.collaborativelawmerseyside.co.uk/

If you would like further information on any of the two PODs or any of the solicitors, IFAs, accountants and coaches involved, please feel free to contact me on 0800 092 1229 or email advice@thedivorceifa.co.uk

Pension Sharing – The receiving scheme insists you take financial advice

Posted September 6th, 2010

Pension sharing is a confusing and complicated part of any divorce settlement and there are many issues to be aware of before proceeding.  Some examples include:

  • The fairness of a cash equivalent transfer values (CETV).
  • Internal transfer or external transfer?
  • Moving target syndrome?
  • Default options.

Therefore, it was a refreshing change to be contacted by a client this week who had received notification from her pension provider (Prudential) that she HAD to take financial advice before they would agree to accept the pension sharing order.

To avoid the pitfalls above it is important to take financial advice from a competent adviser, preferably one who is a Resolution Accredited Independent Financial Adviser (See link here).   You may also wish to employ the services of an actuary that advises on pension and divorce cases.

If this is you and you are looking for financial advice on a pension sharing matter or if you require further information, please contact me on 0800 092 1229 or email advice@thedivorceifa.co.uk