Add–back in Divorce, and the Dissolution of Civil Partnerships.

An excellent article in the Solicitors Journal, page 15, on 9 December 2014 by Claire Reid (www.solicitorsjournal.com) on 9 December 2014 is well worth a look.

Where one party has behaved unreasonably with reckless or wanton spending, the judge can “add back” that amount, into the pot before the division of assets.

Spending has to be “wanton” and off the wall, not just a bit extravagant.  A good fixed cost solicitor or lawyer will work with a client dividing tasks, and the preparation of the add-back document/analysis is something the client can largely draft themselves.  The judge will analyse what each party has spent and what looks reckless or wanton.

Examples include a private plane, buying a Ferrari, gambling and buying jewellery for a mistress.

This is not the same as poor commercial decisions or incurring heavy legal costs.  With the background of these matters in mind, a client should be advised to carefully think about spending during the divorce process, before he goes and slaps down the deposit on a gleaming red new sports car.

At Hylton-Potts we offer fixed fees for problems like this and it is well worth looking at our website and the services we offer.

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