Family Law Conference 2023

The Role of the Forensic Accountant in Family Law Proceedings

Complex financial issues are frequently at the forefront of matrimonial litigation. If one spouse is suspicious of unreported income or hidden assets, it can be critical for the solicitor to work with a forensic accountant to ensure the best outcome for your client.

• What type of cases will benefit from engaging a Forensic Accountant and when to engage one.
• Adding value to the Discovery process and the pre-trial deliberations and to mediation.
• Property Assets: establishing true net equity value and net annual rental yield.
• Family Business and Company Valuations: Not an exact science
• The D v D schedule: what is it and why the Courts like them.
• The Accountant’s Court Report: what should be in it.
• Tax Issues: Income Tax, CGT, Gift Tax, Stamp Duty. Many aspects for the Practitioner to consider.

A Review of Case Law with particular reference to how the Courts have interpreted “proper provision”.

• What is proper provision? Asset division vs proper provision
• Valuing of assets
• Inheritances/pre-marriage assets/post separation assets
• Farms and family businesses
• Spousal maintenance.

Current Issues in relation to Pensions and Pension Adjustments orders

• Pensions and their role in family law cases.
• Problems in Pension Equalisation?
• What are the common pitfalls with pension adjustment orders?
• How do Pension fund thresholds impact on settlements
• What is the IORP II directive and where now on Contingent Orders?

Order 59 of the Circuit Court Rules dealing particularly with Vouching and Affidavits of Means.

This section of the seminar will look at Order 59 and its relevance to financial reliefs that can be pursued. It will examine, in particular, what is required by an Affidavit of Means. It will deal with the various pieces of family law legislation covered by the Order. It will also cover the various reliefs that can be originated on foot of Order 59.

• What options are available to a party where the other party has refused to provide their Affidavit of Means/vouching?
• The various options where directions can be sought from the court including strike out of the other parties’ Civil Bill/defence.
• The requirements in relation to pension information that needs to be included in an affidavit of means.
• The information to be provided in each party’s Affidavit of Means including that of a dependent.
• Rule 55(2) relating to discovery applications.
• The requirement to update Affidavit of Means pursuant to Order 55 (ruling of consent terms).