Divorce and Matrimonial Matters

Independent forensic accounting support for family finance disputes

When matrimonial proceedings involve business interests, disputed disclosure, income, tax or asset values, independent forensic accounting evidence can help the parties and the court understand the financial position. Where there are concerns about the information disclosed by either party, forensic accounting input can also help assess its validity and reliability, provide greater clarity over the financial position and support progress towards a financial settlement. NIFA helps family lawyers and their clients find forensic accountants with the expertise needed for negotiation, mediation and court proceedings.

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How matrimonial support works

A NIFA member can review disclosure, analyse business records, assess income and value, and present the conclusions in a clear, balanced report. Members can support matters as Party Appointed Experts, Single Joint Experts or Expert Advisers, depending on the needs of the case.

Where instructed by one party, a NIFA member can work with the instructing solicitor and/or directly with the party to understand the key financial issues and areas of concern. Where appointed as a Single Joint Expert, the member can work with both parties and their solicitors while maintaining the independence and objectivity required of the role.

NIFA members can also support matters being managed through a collaborative approach to divorce, as well as those proceeding through the traditional court process.

Who matrimonial expertise is for

Matrimonial support is for family lawyers, divorcing parties and advisers who need independent evidence on business value, income, liquidity, tax or disclosure. It is also relevant where one party owns a company, has complex earnings or where the available records do not provide a complete financial picture.

Members can act for either the applicant or respondent, or as an independent expert for both parties. Support can also be provided after a financial settlement has been reached, including where a party has not acted in accordance with the terms of a financial order or where amendments to an existing financial order are being sought.

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When matrimonial expertise can help

  • Form E compilation and/or review
  • Divorce business valuation
  • Assessment of the liquidity of business assets
  • Assessment of historic and future sustainable income
  • Advice on the tax implications of asset splitting
  • Asset tracking and other fact-finding exercises
  • Quantification of losses in connection with enforcement of financial orders
  • Duxbury calculations
  • Affidavit of means (Eire)
  • Reviewing the validity and reliability of financial information disclosed by either party
  • Post-settlement matters where financial orders have not been complied with or amendments to an order are being sought
  • Collaborative divorce proceedings where independent financial expertise is required

Matrimonial process and outcomes

The process usually begins with a review of disclosure, business accounts, bank records, tax information and the specific financial questions in dispute. The forensic accountant then analyses the information, considers the validity and reliability of the financial information disclosed, identifies any areas requiring further explanation and prepares evidence that explains the assumptions, limitations and conclusions.

Depending on the scope of the instruction, this may involve working with one party and their legal advisers or, in a Single Joint Expert appointment, working objectively with both parties and their solicitors.

The outcome is clearer financial evidence that can support settlement discussions, mediation, collaborative proceedings or court proceedings. By providing greater clarity and confidence around the financial information available, forensic accounting input can also help parties resolve financial issues more efficiently.

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Why choose NIFA for matrimonial matters?

NIFA brings together independent forensic accountants who understand family finance work, expert witness duties and the need for clear, proportionate evidence. Members understand the sensitive nature of divorce and other matrimonial disputes and are experienced in preparing expert reports and other financial analysis for use in court proceedings. NIFA members also understand the requirements of the Family Procedure Rules where these apply to their work.

With backgrounds in accountancy practice and experience across a range of industries and business types, members can combine forensic analysis with practical commercial understanding when assessing business interests and other complex financial matters.

Legal professionals can use NIFA to identify a suitably experienced specialist, while members benefit from shared resources, training, referral opportunities and annual quality review.

To find a forensic accountant with the matrimonial expertise your matter requires…

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FAQs

Without early forensic accounting input, parties may rely on uncertain figures, miss important disclosure points or spend time arguing over values that are not supported by the financial evidence. Independent review can help assess the validity and reliability of information disclosed, provide greater confidence in the financial position and identify areas requiring further investigation or explanation.

Yes. A NIFA member can be appointed as a Single Joint Expert acting for both parties, a role commonly used for issues such as divorce business valuations and the assessment of business liquidity or future sustainable income. The expert works objectively with the parties and their solicitors while maintaining the required independence from both parties.

Yes. NIFA members can provide support after a financial divorce settlement, including where one or both parties have not acted in accordance with the terms of a financial order or where changes to an existing financial order are being sought.

Contact NIFA with a brief outline of the matrimonial issue, the financial records available and any court or negotiation timetable so the most appropriate forensic accounting expertise can be identified.

Our recent matrimonial work

NIFA members regularly support matrimonial matters involving business interests, income, tax, disclosure and asset value.