Matrimonial assets and confiscation

A confiscation order is an order against a defendant in personam, albeit calculated with reference to their benefit from crime and any of their realisable assets, hidden assets and any tainted gifts. For more information, see Practice Note: Determining the recoverable amount (benefit and available amount) under POCA 2002. This means it could take into account assets which were legally obtained or are entirely untainted by the offender’s criminality in circumstances where civil recovery of such property, under Part 5 of the Proceeds of Crime Act 2002 (POCA 2002), would be impossible. See further, Practice Note: Civil recovery orders under the Proceeds of Crime Act 2002.

When a person is married, they will usually have assets which fall to be considered ‘assets of the marriage’ and, should the marriage break down, these assets could become the subject to financial provision proceedings, pursuant to which marital assets might be divided and shared between the parties in accordance with family law principles. The principles which apply in such proceedings are completely different from those which govern confiscation