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ARTICLE · 11 NOVEMBER 2021

Divorcing With Cryptocurrency

Boodle Hatfield LLP
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It is an increasingly common dilemma of the digital age; the intentionally anonymous nature of cryptocurrencies make them notoriously difficult to deal with in the context of divorce proceedings.

United KingdomFamily and Matrimonial
Harriet Errington
Harriet Errington

It is an increasingly common dilemma of the digital age; the intentionally anonymous nature of cryptocurrencies make them notoriously difficult to deal with in the context of divorce proceedings.

Parties to divorce proceedings in England and Wales are required to make full and frank disclosure of all of their assets. This includes cryptocurrencies such as Bitcoin. Family courts then have wide-ranging powers to deal with such assets, including orders for sale or transfer of cryptocurrency holdings.

There are two main issues that emerge from the perspective of a party to divorce proceedings who suspects that his/her spouse owns cryptocurrencies; first, how to prove that he/she even owns such assets and secondly, how to deal with the vastly fluctuating valuations.

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