The division of marital assets is an important consideration in any divorce proceedings. It is important to understand the different types of asset being divided in order to ensure a fair and workable split of any sources of income. There is little point in one party walking away with valuable but illiquid assets that do not generate income as they will soon experience financial difficulties.

RS Forensic assists in divorce proceedings by reviewing the assets held by the parties to ensure that:

  • the division of assets is fair;
  • the assets can provide the parties with an income; and
  • where necessary the parties can achieve a clean break

When deciding on the division of marital assets, the most complex consideration is tax. There are many factors which have a significant impact on the amount of tax payable by the parties upon division of assets and thus on the value of post-tax assets.

We work closely with Roffe Swayne’s tax specialists to ensure that expert advice is given on the division of assets in order to maximise the use of available allowances and find a tax efficient solution. We are regularly asked to advise on the tax implications of the proposed structure and the wording of settlement agreements before they are finalised.

After divorce, Roffe Swayne’s tax specialists can provide advice to ensure that your tax affairs are in order and managed efficiently going forward.

Forensic accounting team

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Typically instructed to provide independent and objective expert witness and advisory services in relation to matters involving owner-managed SME businesses.

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Forensic cases

Tax on the sale or transfer of shares

Appointed as single joint expert to value a facilities management company owned largely as a joint shareholding by the husband and wife. Instructed to comment on the taxation implications of a sale or transfer of shares and of funds withdrawn by the husband to finance a house purchase as well as the most tax efficient means of extracting value from the companies.

Tax on the disposal of property

Appointed as single joint expert to value a property development company owned jointly by the couple. Also instructed to comment on the taxation implications of a sale or transfer of shares and of the disposal of the redeveloped matrimonial home.

Tax efficient method of sharing business assets

Appointed as single joint expert in matrimonial proceedings to value a high end restaurant business jointly owned by the couple and a gastropub owned by the parties in conjunction with another couple. The companies also owned property used for staff accommodation. We were also instructed to consider the taxation implications of a sale or transfer of shares and to advise on the most tax efficient method of sharing the business assets between the parties.

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Forensic accounting testimonials

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Your advice was extremely helpful, cost effective and to the point.
Partner
(London firm of solicitors)
Your assistance with the case was most valuable and the client is delighted with the outcome.
M.F (Partner)
Regional firm of solicitors

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