Podcast: Asset Tracing in Marital and Divorce Disputes

In this episode of Weaver: Beyond the Numbers, Sonia Desai, a partner in Weaver’s Forensics and Litigation practice, and Nathaniel Francis, a managing director in Weaver’s Forensics and Litigation Services practice, discuss asset tracing within matrimonial disputes. Asset tracing involves investigating and reporting on a target’s assets, while asset searching is an ongoing exercise in the context of litigation.

Key Points:

• Asset tracing, as opposed to searching, is an active, ongoing process crucial in litigation or judgment enforcement
• Early engagement of asset tracers is critical when suspicions of hidden wealth arise, particularly in high-net-worth divorces
• Asset tracers grapple with obstacles such as cryptocurrency and offshore holdings, which complicate the discovery of concealed assets

Sonia and Nathaniel highlight the importance of asset tracing when suspicions arise in divorce cases, as spouses may hide assets using various methods. Red flags include changes in spending habits, asset transfers to nominees, setting up shell companies, or trusts.

Nathaniel shares challenges, such as the use of cryptocurrency, and emphasizes the importance of early action and maintaining detailed records when suspecting hidden assets. He also provides real-life examples, including uncovering hidden real estate and assets scattered across international jurisdictions. The conversation concludes with advice on documenting information and initiating the asset tracing process early to enhance success.

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