Moreover, we are experienced in representing individuals in complex and contentious trust and probate cases, as well as handling a host of matrimonial and family law disputes, including matters involving foreign marriages and the division of high
value matrimonial assets.
The court
values matrimonial assets as if sold on the day of the hearing or agreed order, so the costs of sale and the tax payable need to be taken into account.
Not exact matches
However, had she used that money to help pay down the mortgage, it would have become part of the
value of the
matrimonial home and therefore a joint
asset.
A decrease in the
value of
assets will also not constitute a Barder event, as illustrated by Horne v Horne [2009] EWCA Civ 487, [2009] All ER (D) 118 (Jul) in which the husband was to retain the family business and the wife was to retain the
matrimonial home and a lump sum of # 180,000, payable by instalments.
Therefore, case law now suggests that the
value of
assets which have been dissipated in
matrimonial cases in Australia will not be added back, regardless of whether those
assets have been dissipated deliberately and recklessly by one party or, with the sole intention to reduce the
matrimonial assets available for distribution.
As a result, in recent years, Canadian courts and the legal profession have increasingly been tasked with the challenge of responding to cases where
matrimonial property includes foreign - held
assets which, sometimes, were greater in
value in than those
assets held on Canadian soil.
In its deliberation with regards to the division of
matrimonial property, the Court determined that it had the jurisdiction to consider the
value of the
assets located outside of British Columbia, but that it had no power to «determine the right, title or interest in land situated outside the province».
Finally, Moylan J considered the origin of the marital
assets and the fact that the husband had had no positive effect on the
value of the
matrimonial home or the wife's
assets.
In England, Wales or Northern Ireland: Any business interests and the
value contained in them can generally be taken into account as one of the «
matrimonial assets» to be divided on divorce or dissolution.