Investment assets during a Divorce
When you are going through, or facing the prospect of a divorce, it’s understandable to be concerned about any investments you have and how they could be factored into a financial settlement. Even if you go through something like Splitting Up with your partner on good terms and having discussed what will happen in the future, you may not have considered all the financial investments involved.
Will investments be included in the matrimonial pot?
A matrimonial pot includes all the assets and finances related to your divorce. Typically, this will be a family property, pensions, savings and investments. Some assets that were acquired before a couple got married are considered non-matrimonial assets e.g. property you owned prior to being married. If your investments were acquired while you were married then they will likely be included in your divorce settlement.
Investment properties
If you own an investment property, it’s advisable to ascertain its current market value as a first step. When you have this information, then consider your options.
These include: selling the property and dividing any equity with your ex-spouse, offsetting its value against other assets that are being included in the matrimonial pot, or, you may want to ‘buy out’ your former partner. Another option if you are renting it out, is to continue to do so and divide the rental income.
Savings
If you need to divide money from a traditional savings account this is usually straightforward, for large amounts you may have to inform your bank of your intentions before making the transfer. ISAs are different and it is not possible to make a direct transfer from one account to another, you will have to manually withdraw cash from your bank. This may result in you missing out some of the tax benefits you have with your ISA.
Shares
If you own shares, then there are a number of options open to you. You may want to again offset their value against other assets, sell them and split any profit, or, you can transfer the shares into your ex’s name. Bear in mind that to make a transfer, you will need to complete a transfer document (also known as a share transfer instrument). If you wish to sell your shares, then you will need to complete a J30 form required to successfully transfer shares.
What you can do
In order to make the process as smooth as possible and to work towards the most beneficial outcome, you can:
Consider mediation
Mediation can be an excellent means of reaching a swift financial agreement on your divorce, without having to go through costly and time-consuming court proceedings. Mediation is also a private process and can help keep your financial matters confidential. Mediators act as third parties to help you and your former spouse find a resolution that you are both happy with. The initial step in mediation is to have an assessment meeting, followed by financial information disclosures and discussions on all the options available before reaching a final agreement.
Contact a specialist
Divorces can often become more acrimonious when investments and other finances are brought into the equation. Gaining the right advice as early on as you can during a divorce can make all the difference to the final outcome. Solicitors specialising in divorce and finance will not only be able to clearly explain your rights, but can be helpful in guiding and advising you.
Takeaways
The most important takeaways when considering investment assets in your divorce are to gain as much information as possible, understand all the options and where possible, be prepared to negotiate.
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