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.