
Rakesh Kapila examines the forensic accountant’s changing role in matrimonial disputes
- The expert accountant’s role in matrimonial disputes has changed in recent years.
- In addition to a greater involvement in business valuations, forensic accountants have been more active in assisting in the compilation of questionnaires and in considering the parties’ pension rights.
The forensic accountant has long had an active role in matrimonial disputes, arising from provisions in the Matrimonial Causes Act 1973 that the court should take account of the income, earning capacity, property and other financial resources available to both parties to a divorce.
Although a key aspect of the expert accountant’s role in matrimonial disputes over the years has related to business valuations as part of the process of identifying the property and financial resources available to both parties, this article provides an overview of how the forensic accountant’s role has changed in recent years and the primary aspects in relation to which useful work is now undertaken.
Leading cases
Developments over the last few years arising from case law have resulted in important changes