Digital assets on divorce

Digital assets may have historically been a niche investment type but they are increasingly appearing in financial remedy proceedings –  ranging from cryptocurrency, exchange accounts and hardware wallets to NFTs, online businesses, domain names, monetised social media accounts and other electronically held rights. These assets can be valuable, volatile, technically complex and easily misunderstood without targeted disclosure.

This webinar provides a practical analysis of digital assets on divorce and financial remedy proceedings in England & Wales. The webinar will cover the relevant legal principles, procedural requirements, valuation methods and strategic considerations. It will consider the court’s powers under section 25 of the Matrimonial Causes Act 1973, full and frank disclosure, Form E and questionnaire strategy, freezing and preservation issues, expert evidence, tax and enforcement considerations, and practical steps for practitioners dealing with digitally held wealth.

Topics covered include:

• What digital assets are appearing in financial remedy cases
  • Crypto, exchange accounts, wallets, NFTs, online businesses and other digitally held value.
• Disclosure and investigation
  • how to approach Form E, questionnaires, bank statements, exchange records and other red flags.
• Valuation and volatility
  • when expert input may be needed and how to deal with assets that can move quickly in value.
• Non-disclosure and preservation
  • practical steps where there are concerns about hidden assets, dissipation or lack of access.
• Settlement and orders
  • transfer, sale, offsetting and drafting points where one party controls the relevant accounts, wallets or keys.
• Tax, AML and risk issues for solicitors
  • the main practical points to keep in mind when advising clients.