Matrimonial Finance: Valuation and Taxation of Clients' Assets for Division upon Divorce

Chair's Introduction

Matrimonial Finance: Valuation and Taxation of Clients' Assets for Division upon Divorce

Chaired by: Alexis Campbell QC

Alexis assists clients with complex company, trust and pension matters. She is "staggeringly good, not only at grasping commercial practicalities, but also in presenting them".

Trust Assets

How do you get to the bottom of a discretionary trust, i.e. tracing value and interest?

What can you ask for and expect to get, i.e. letters of wishes?

How willing is the court to interfere?

Answered by: Christopher Pocock QC

Christopher is noted for his expertise in complex tax, corporate and asset structures, as they relate to family law. "His wizardry when it comes to figures is legendary".

​Business Valuation

What is the value of a private business when contrasted to its income stream?

What is the appropriate deduction in valuation if (1) a spouse is ordered to pay periodical payments or (2) the business is a one-man-band?

Answered by: Fiona Hotston Moore of Ensors

Fiona is a Forensic accountant with a specialism in divorce. She is a Contributor to "Forensic Accounting and Finance: Principles and Practice" and a Commentator for the Huffington Post.

​Business Asset Taxation

What practical steps can you take to minimise the tax payable when getting assets and property out of family businesses, i.e. entrepreneurs relief, pacing of the agreement etc.?

Answered by: Philip Ridgway of Temple Tax Chambers

Philip is increasingly called on to advise on the tax consequences of divorce. He is a Contributor to "Whiteman and Sherry on Capital Gains Tax". He is a former Deloitte tax partner.

Personal Taxation - the Key Drivers

What are the key tax drivers at the moment?

How do domicile, residential property and tax planning best fit in the present world?

Answered by: David Kilshaw of EY

David is a tax partner with over 30 years' experience of advising on the personal tax aspects of matrimonial law. He appeared as an expert witness in the Charman case.

​Pensions

When does a pension sharing order take effect and what can go wrong for the lawyer and client at the implementation phase of the pension sharing process?

What do you do if an order was made but not implemented (and the pension grown in value)?

Answered by: Paul Cobley of Oak Barn Financial Planning

Paul specialises in Pensions and Divorce. He is one of the first financial advisers to be accredited by Resolution as a Divorce Specialist. He works with The Pensions Advisory Service.

​Tricky 3rd Parties

What pressure can you apply to a difficult business partner or trustee (who is outside the marriage and resistant to providing disclosure) when valuing a company or trust?

Answered by: Christopher Wagstaffe QC

Christopher is the "go-to silk for financial cases with trust elements, and the king of detail". He was counsel for the companies at first instance in the recent Supreme Court case of Prest.

​Tax avoidance

How do you identify and approach aggressive tax avoidance in the context of a financial remedy dispute?

Answered by: Andrzej Bojarski of The 36 Group

Andrzej is co-author of "Unlocking Matrimonial Assets" and Editor of the Matrimonial Law volumes of Halsbury's. He "is one of the most technically gifted barristers at the family bar".