And finally…disappearing cash in the age of Bitcoin divorce

And finally…disappearing cash in the age of Bitcoin divorce

Couples going through a divorce are being warned not to be tempted to try and hide their wealth from lawyers using digital currencies such as Bitcoin.

Lawyers suggest that the anonymous nature of the digital currencies, the fact that there is no centralised system, or opportunity to freeze such assets, may prove tempting to people involved in an acrimonious split.

Currently courts do have wide-ranging powers to investigate hidden assets, such as a court appointed digital forensic expert who can analyse data when it is suspected someone is trying to hide money in crypto-currency.



However, experts have also suggested that there is a lack of guidance from the courts as to how attempts to conceal assets should be dealt with, mainly owing to the relatively recent emergence of mainstream crypto-currency investment.

Lawyers say there remains no specific guidance from the Ministry of Justice, and an Advice Now guide, drafted by the Family Justice Council, merely suggests that both parties “need to be honest about what you own and what income you have”.

One solicitor said she had seen the “first wave” of cases where crypto-currencies were listed as assets.

Vandana Chitroda, a partner at law firm Royds Withy King, said in one of the cases her firm is dealing with, an original investment of £80,000 in November 2016 was valued at £1 million in December 2017 and was now “worth” £600,000.

“These are the first cases we have seen, and we expect to see many more. There will also be those divorces where a spouse may not have disclosed such assets, leaving a traceability nightmare,” she said.

Jacqueline Fitzgerald, partner at Wilsons law firm, said: “Proving that one spouse has a substantial holding in a cryptocurrency and adding that to the marital assets can be a big problem.”

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