The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

gifts transferred between petition and decree abso

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
01 Nov 09 #158897 by Fiona
Reply from Fiona
The simple answer is yes, the disposition of assets can be taken into account or set aside 2 or 3 years down the line. It is the value at the time of the settlement which is relevant, not the original value. Does your wife know and agree to the gift?

  • pp956
  • pp956's Avatar Posted by
  • Junior Member
  • Junior Member
More
01 Nov 09 #158911 by pp956
Reply from pp956
My wife knows about these transfers, its part of inheritance planning. We have decided to share the remainder but it may take some time. My concern is that if some time down the road, we can't agree a financial settlement and go to court, would I be able to bring back these transfers back into marital pot?

  • elvis_fan
  • elvis_fan's Avatar
  • Platinum Member
  • Platinum Member
More
01 Nov 09 #158923 by elvis_fan
Reply from elvis_fan
It sounds like it will be important to be able to establish that you agreed that these joint marital assets were gifted to your children, otherwise I think (I'm not legal so you'd need advice) your wife could claim you were giving away joint assets without her consent. While I don't think you could 'get them back' to be part of the marital pot, what could happen under those circumstances, is you'd end up with a smaller slice when it comes time to divide up the assets, because you'd actively reduced the marital pot.

So, if you can get evidence that she knows and agrees to the gift, that probably shouldn't disadvantage you in the future, even if you can't then decide how to divide up the remaining marital assets in the future and needed court involvement.

Sure somebody legal can tell you what would constitute evidence (e.g. her jointly signing for things to be transferred, emails between you showing you'd agreed etc).

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

Financial mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £950

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support from £299

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.