How are crypto assets established in a divorce?

What Paucitas does

We first take stock of the known wallets and accounts, and then look for holdings that were not declared, by following the transactions outward from the known addresses. The turnaround time is from the same day to around two weeks, depending on the case. Where a search for undeclared holdings also runs, it takes longer, because every branch in the transaction chain has to be worked through separately.

In a UK divorce, the date on which the crypto is valued matters, and the whole determination hangs on that date. We therefore ask for it before anything else.

We first take stock of the known wallets and accounts, and then look for holdings that were not declared, by following the transactions outward from the known addresses. The turnaround time is from the same day to around two weeks, depending on the case. Where a search for undeclared holdings also runs, it takes longer, because every branch in the transaction chain has to be worked through separately.

What you supply

You or your lawyer supply Paucitas with the addresses that are known, the exports from the exchanges, the bank statements of the accounts involved and the reference date the parties are using. Bank statements are often the most productive source, because every payment to or from an exchange is a lead.

Bank statements of the accounts involved are often the most productive source, because every payment to or from an exchange is a lead. Add the reference date the parties are using, and the exports from any exchange that is known.

What you receive

You receive a report from Paucitas with the addresses found, the balances and values on the reference date, the route of any movements and an account of the method. Where a branch in the chain runs dead, for example at an exchange outside Europe, that is stated explicitly.

The report takes no position on the division itself. It records what was found and what it was worth, which is what a court and both solicitors can work from.

For readers in the UK the frame is worth naming. In Scotland, matrimonial property is valued at the relevant date under the Family Law (Scotland) Act 1985: the earlier of the date the couple stopped living together and the date the divorce summons was served. In England and Wales the date is agreed between the parties or set in the financial proceedings. The whole determination of crypto assets in a divorce hangs on that date. A report that values the holdings on a different day, however carefully, will not settle the dispute.

Where a branch in the chain runs dead, for example at an exchange outside Europe, that is stated explicitly. The report takes no position on the division itself; it records what was found and what it was worth, which is what a court and both solicitors can work from.

How to get started

You or your lawyer contact Paucitas with a short description of the situation and the reference date. We will tell you what is realistic within the time available. The contact page is the place to start.

You or your lawyer can approach us, and we are used to working for one party or for both. Give us the reference date and the known addresses and we will tell you what is realistic within the time available.

What weight a court gives to the report is for the court to decide.

Would you like to know what this means for your situation? Ring us on +31 20 244 5774, day or night, or fill in our contact form and you will hear from us within 1 to 3 hours. We answer emails within 24 hours, usually the same day. The intake is free and without obligation.