When a judge says a husband “got away with blue murder”

Hiding assets in divorce – what the courts can and cannot do, and what you can do now

‘The case is a depressing example of non-disclosure paying off. I cannot help thinking that the husband has got away with blue murder.’

Those are not the words of a frustrated spouse. They are the words of Sir Nicholas Mostyn, a retired judge in the Family Division of the High Court, commenting on the recent case of MK v SK [2026]. They are worth sitting with.

Asset concealment is not a niche problem. It happens in big-money divorces and in ordinary ones. The mechanics are broadly the same. What varies is the scale and the cost of pursuing it.

The Young case: a cautionary tale

The best-known illustration of how badly this can go is the case of Scott and Michelle Young. Michelle’s divorce proceedings lasted eight years and involved more than 70 court hearings. She alleged Scott had assets of £400 million.

In January 2013, Michelle applied to have him imprisoned for failing to disclose his finances. Scott was sentenced to six months for contempt of court but he still didn’t pay.

None of the alleged £400 million was ever located and to make matters worse Michelle’s lawyers then sued her for £11.2 million in unpaid fees. In 2014, Scott fell to his death from a window of his London flat.

The lesson is a difficult one. Even a finding of contempt, even imprisonment, does not guarantee that a spouse will disclose. Enforcement through the English courts when assets are held overseas is a separate legal process, often in a separate jurisdiction, often at significant further cost.

Why concealment has become easier

Easy access to overseas trusts and opaque international jurisdictions has made hiding assets more straightforward. Identifying them now routinely involves forensic accountants, private investigators and lawyers – sometimes in multiple countries.
Finding the assets is one challenge. Recovering them is another.

This is not a reason to give up. It is a reason to think ahead.

What you can do to protect your position

The following steps are not foolproof, but they give you a better starting point than most people have. None of them require you to do anything improper.

• Take an active interest in the family finances. If your spouse uses a financial adviser or accountant, where possible be present at those meetings.

• Make a note of significant assets when they arise – bonuses, inheritances, the purchase or sale of property, pension statements, bank accounts, or valuables such as art, jewellery, collections or vehicles.

• If relevant paperwork is left accessible – tax returns in particular (as they list income
  from all sources) – photograph it. Do not access locked drawers, password-protected accounts or devices to which you have not been given access. Improperly obtained evidence can damage your position in proceedings.

• Watch for signs of asset transfer to friends or family members who may be asked to hold assets temporarily until proceedings are resolved.

• Be alert to other common tactics: deliberate overpayment of tax to reduce visible assets (with a refund due later), delayed bonuses, large unexplained cash withdrawals, cryptocurrency purchases, or deliberate undervaluation of assets.

• If you have reason to believe assets are about to be moved, take legal advice urgently about obtaining a freezing order. If divorce is a real prospect, starting proceedings promptly – before assets disappear – can matter.

About Divorce Solutions

We are a team of five experienced lawyers working as divorce consultants rather than as solicitors. The distinction matters. We help people understand the process, identify risks early, avoid expensive mistakes, and – where possible – find solutions that reduce conflict and cost. We do not conduct litigation, but we work alongside those who do.

If this newsletter is relevant to your situation, or if you
know someone who is navigating a difficult divorce and wants to understand their options, please feel free to get in touch. We do not charge for an initial conversation.

Divorce – where do you start with sorting out a financial settlement?

Going through a divorce can feel overwhelming – emotionally, financially, and practically. One of the first (and often most daunting) steps is making financial disclosure. But what does that really involve?

The foundation of any financial settlement: disclosure

No matter which divorce route you take – and my upcoming book Divorce Solutions outlines ten different options – the starting point is always the same: full and frank disclosure of all assets and liabilities, globally.

This is usually done using a document called Form E, which prompts both parties to share details of their financial situation. Take a look here: View Form E (Gov.uk)

Why form E feels overwhelming

Form E runs to around 30 pages, requiring details of everything from bank accounts and investments to pensions, debts and property details.

You’ll also need to gather supporting documents, such as:

• 12 months of bank and credit card statements

• Property valuations

• Mortgage and pension statements

It’s a thorough process – and at a time of emotional upheaval and uncertainty, facing this paperwork can just feel too much.

Whilst it’s a requirement of the process, completing the form is actually an administrative task, not a legal one – and that’s an important distinction.

Tips to make it easier (and save on legal costs)

You don’t have to pay a solicitor to help you with the form-filling.

If your financial affairs are straightforward, you could complete it yourself, perhaps with support from someone experienced in numbers and documentation.

Once done, your lawyer can review it to make sure everything’s presented correctly, especially in complex cases where assets may overlap or be easily double-counted.

What happens next?

Once both parties have completed their Form E, their Forms are exchanged. From there:

• Questions can be raised about anything disclosed or suspected of not having been disclosed

• Clarification of expenditure may be required, and any disagreements (for example over valuations) will need to be resolved

• In some cases, the family court may step in to enforce disclosure

Importantly, progress towards a settlement can only be made once both sides are satisfied with the information provided. Delays or dishonesty at this stage can cost time and money.

The financial disclosure process is a critical step in any divorce. Understanding what’s involved, puts you in control, reduces stress, and often saves money.

Coming soon:

Divorce Solutions – your guide to navigating the divorce process clearly and confidently is due for publication on the 21st January, and, should you wish to preorder a copy, a pre-order link will shortly be provided.

Who we are.

We are a team of 5 experienced lawyers but, what makes us different to a firm of solicitors, is that we are acting as divorce consultants.

We help people navigate the legal maze and stop them making expensive mistakes. We use our experience of the divorce process to find solutions to lower the temperature and save money.

If the above resonates or you know someone who may benefit from speaking to us, please do contact me. We don’t charge for an initial consultation.

What is a ‘clean break’ and should you opt for it?

One of the biggest concerns in any divorce is how to handle financial arrangements. Do you keep financial ties through ongoing spousal maintenance? Or do you cut ties completely with a “clean break”? Let’s unpack what that really means, the benefits, and the limitations.

What is a clean break?

In any financial settlement, the court looks at three basic elements:

• Division of marital assets

• Spousal maintenance for the financially weaker party (helping them get “back on their feet”)

• Child maintenance, where children are involved

Normally, spousal maintenance is paid monthly. But the court’s preference – where possible – is for a clean break. This means that instead of ongoing monthly payments, a one-off lump sum is paid to the financially weaker party.

This lump sum is worked out by calculating the total spousal maintenance that would be payable across the maintenance period and then applying a discount to reflect the fact that the money is being paid ‘up front’.

Why do courts prefer a clean break?

A clean break is designed to avoid future financial dependency between ex-partners. The advantages include:

• Certainty: The receiving party knows exactly what they’ll get, rather than relying on payments for years ahead.

• Reduced risk: If the payer’s financial circumstances deteriorate (they might lose their job, their business might fail or they might become bankrupt), the receiving party is protected.

• No enforcement headaches: There’s no need to go back to court if maintenance payments are missed and even worse, if the payer is living outside of the jurisdiction.

• Finality. It’s no longer necessary to have ongoing contact or be reliant on receiving monthly payments.

When is a clean break not possible?

Not every couple has enough assets to fund a clean break. If there isn’t sufficient capital to “buy out” spousal maintenance, then monthly payments may still be ordered.

It’s also worth noting that child maintenance cannot be ‘clean breaked’.

Professional advice is essential

If you’re facing divorce or know someone who is and want to explore whether a clean break is right for you, professional advice is essential. Every case is unique, and the consequences last for years.

Who we are.

We are a team of 5 experienced lawyers but, what makes us different to a firm of solicitors, is that we are acting as divorce consultants. We help people navigate the legal maze and stop them making expensive mistakes. We use our experience of the divorce process to find solutions to lower the temperature and save money.

If the above resonates or you know someone who may benefit from speaking to us, please do contact me. We don’t charge for an initial consultation.

Is bad behaviour relevant in divorce?

Since April 2022, the introduction of no-fault divorce has transformed the landscape of divorce law.

Now, neither spouse is required to prove blame or bad behaviour – such as adultery or unreasonable conduct – to initiate divorce proceedings. Either party or both together can simply declare that the marriage has irretrievably broken down.

Is bad behaviour ever relevant?

While bad behaviour is not necessary to start a divorce, it can occasionally affect the division of assets – but only in cases of exceptional misconduct. This includes:

• Recklessly depleting marital assets

• Hiding financial resources

• Economic misconduct, such as fraud or gambling away joint funds

In such cases, the court may adjust the division of assets to compensate the other spouse.

Additionally, if one partner controls the other’s finances or restricts their ability to work, the affected party might receive a more favourable settlement. However, the Courts generally focus on a fair division based on needs and resources, not blame.

Bad behaviour in children cases

When children are involved, bad behaviour becomes more significant. Issues like domestic abuse, substance misuse, or neglect can heavily influence where the child is to reside. The court’s primary concern remains the best interests of the child, not punishing the offending parent.

Courts may:

• Restrict or supervise parental contact

• Deny contact entirely in extreme cases

• Mandate supervised visits for parents with a history of violence

• Request testing or rehabilitation if substance misuse endangers the child

If one parent manipulates the child against the other, residence or contact arrangements may be adjusted.

Courts may limit or supervise contact, or in serious cases, deny contact altogether. For example, a parent with a history of violence may need to attend supervised visits.

How we can help you

We understand that navigating divorce law can be overwhelming and costly. At Divorce Solutions, our team of five experienced lawyers operates as divorce consultants rather than traditional solicitors.

Our focus is on:

• Simplifying the divorce process

• Avoiding costly mistakes

• Reducing tension and conflict

We leverage our experience to identify practical solutions that protect your interests and streamline the process.

Free initial consultation

If you – or someone you know – could benefit from expert guidance during a divorce, we offer a complimentary initial consultation. Feel free to reach out and discover how we can support you.