Category: Uncategorized

When people picture what gets divided in a divorce, they think of the house, the pensions, maybe a business. In a growing number of the financial cases I support, some of the most valuable property in the marriage never appears on a single bank statement — it sits in a cryptocurrency wallet. I am Nick Puna, a McKenzie Friend and family law paralegal, and alongside that work I have spent six years immersed in blockchain and cryptocurrency. This article explains how crypto assets are traced, how they affect a financial settlement, and why that particular combination of skills matters.

A unique background: crypto, crypto forensics and family law

Most people working in family law are not technologists, and most people who understand blockchain have never sat with a separating couple trying to reach a fair settlement. I sit in the overlap. Six years working hands-on with cryptocurrency and blockchain taught me how wallets, exchanges and on-chain transactions actually behave — not in theory, but in the messy way they show up in real life. My family law practice taught me what a court needs, what the duty of disclosure demands, and how a settlement is actually built. Bringing those together means I can look at a financial case and see the digital assets that others might miss, and then explain them in plain language that a solicitor, a litigant in person or a judge can rely on.

Why crypto is so easy to hide — and why that is changing

Cryptocurrency was designed to move value without a bank in the middle. There is no branch, no monthly statement and no account manager to write to. A wallet is a string of characters rather than a name, holdings can be self-custodied on a phone or a small hardware device, and funds can cross borders in seconds. For a spouse who wants to keep money out of a settlement, that can look like the perfect hiding place.

It is not. Pseudonymous is not the same as anonymous, and it is certainly not the same as invisible. The defining feature of most cryptocurrencies is a public, permanent ledger: every transaction is recorded forever and can be read by anyone who knows how. Money almost always has to enter and leave the crypto world through a regulated exchange, and those on and off ramps leave a trail. The challenge is rarely that the information does not exist. It is knowing where to look and how to connect it.

How crypto assets are actually traced

My work moves inward, from the paper trail anyone can see to the on-chain detail few know how to read. In practice it runs through several stages.

The fiat trail. Bank and card statements are almost always the starting point. Large crypto holdings usually begin as ordinary money transferred into an exchange such as Coinbase, Kraken or Binance. Those transfers establish that crypto exists, when the buying started and roughly at what scale, even before a single wallet is identified.

Tax and financial records. HMRC self-assessment returns and capital-gains entries can reveal trading activity and disposals. Just as importantly, they can expose the gap between what someone has declared and the lifestyle they are living, which is often the first sign that the disclosure on the table is incomplete.

Device and document evidence. Wallet apps, exchange emails, backup phrases and hardware wallets all leave footprints. Where there is a proper basis for it, evidence from devices and correspondence can connect a person to specific accounts and addresses.

Blockchain analysis. This is the technical heart of the work. Because the ledger is public and permanent, a known wallet address can be followed through its entire transaction history. Addresses that appear separate can often be clustered together when their transaction patterns show they are controlled by the same person, linking pseudonymous accounts back to a real individual and revealing holdings that were never disclosed.

Exchange disclosure. Regulated exchanges hold identity records under anti-money-laundering rules. Where the court orders it, a UK-facing platform can be required to confirm account ownership, balances and transaction history, turning an on-chain suspicion into documented fact.

Valuation. Finally, holdings have to be valued at the relevant date, allowing for the volatility of individual coins and tokens. A figure that is right one week can be materially different the next, so the valuation has to be reasoned and clearly evidenced rather than plucked from a single screen.

Every step is documented so that it stands up as evidence rather than assertion. A finding is only useful in a financial remedy case if it can be explained and defended.

How it affects a financial remedy settlement

Since the Property (Digital Assets etc) Act 2025, English law treats cryptocurrency as personal property. In a divorce that makes it a matrimonial asset, divisible in the same way as any other. Both parties owe a duty of full and frank disclosure, and although the standard Form E has no dedicated box for cryptocurrency, that gap is no excuse for silence. Wallet addresses, quantities, platforms and valuations should all be disclosed.

The consequences of getting this wrong are real. Courts can draw adverse inferences against a party who fails to disclose, adjust the division of assets to reflect what was hidden, and make costs orders against the person who concealed. In Culligan v Culligan [2025] EWFC 1, around £371,000 of undisclosed cryptocurrency was uncovered part-way through proceedings using blockchain analysis, and the court applied exactly the same disclosure standards to it as to any other asset. Even where a settlement has already been reached, assets deliberately hidden at the time can allow a case to be reopened, following the principles in Sharland and Gohil.

Once identified and valued, crypto is dealt with much like other property: it can be transferred from one party to the other, sold and the proceeds divided, or offset against other assets so that one spouse keeps the crypto while the other takes a larger share of, say, the family home. The important thing is that it is on the schedule in the first place.

If you think crypto is being hidden

A few practical points. Try not to alert the other side before advice is taken, because digital assets can be moved quickly. Keep a note of anything you have genuinely seen — an exchange email, a wallet app on a shared device, a passing mention of a particular coin. Raise the issue properly through the disclosure process rather than acting on it yourself. And get the analysis started early: it is far better to have the picture clear before a final hearing than to try to unpick a settlement afterwards.

How I can help

I bring the technical side of cryptocurrency together with practical family law support, working alongside solicitors, litigants in person and other McKenzie Friends. If you suspect undisclosed digital assets, or you need your own holdings valued and disclosed properly, I can help you get the picture straight and set it out in a way the court can rely on. You can read more on my crypto forensic analysis page, or call 0330 133 0930 to talk it through.

About Nick Puna

Nick Puna is a McKenzie Friend and family law paralegal who supports separating couples, litigants in person and solicitors through divorce, financial remedy, child arrangements and consent orders. Alongside his family law work, he advises on wills and estate planning, helping clients put clear arrangements in place to protect their families and assets. He also brings six years of hands-on experience in blockchain and cryptocurrency, offering specialist crypto forensic analysis to trace, value and evidence digital assets in financial proceedings. It is this combination — family law, wills and estate planning, and crypto forensics — that lets Nick see the whole financial picture, including the digital assets that others often miss.

In financial remedy proceedings, full and frank financial disclosure is not merely an expectation — it is a legal obligation. When a spouse or former partner deliberately conceals assets, fails to provide documents, or gives evasive answers, the court has powerful tools to force compliance. One of the most effective mechanisms is making a Form D11 application seeking an Unless Order. This article explains what non-disclosure looks like, how to pursue it, and what an Unless Order means in practice.

What Is Non-Disclosure in Financial Remedy Cases?

Financial remedy proceedings require both parties to provide complete, honest, and up-to-date disclosure of their financial position. This is typically done through Form E — a detailed financial statement covering income, assets, liabilities, pensions, business interests, and expenditure. Supporting documents must also be produced, including bank statements, tax returns, payslips, and valuations.

Non-disclosure arises when a party:

• Fails to file Form E at all, or files it in an incomplete or vague manner
• Omits significant assets — such as property, savings, business interests, or investments — from their disclosure
• Does not produce required supporting documents (e.g., bank statements, pension details, business accounts)
• Provides misleading valuations or understates the value of assets
• Fails to comply with a questionnaire served by the other party or ordered by the court
• Transfers or dissipates assets to avoid their inclusion in a settlement

Non-disclosure fundamentally undermines the fairness of financial remedy proceedings. The court cannot distribute assets it does not know about, and a settlement reached on the basis of false or incomplete disclosure can be set aside at a later date.

The Court’s Duty and Your Right to Full Disclosure

The Family Procedure Rules 2010 and Practice Direction 9A place disclosure obligations firmly on both parties. The court expects Form E to be completed with scrupulous honesty. Judges have a duty to ensure that proceedings are conducted fairly, and where they suspect that disclosure is deficient, they are entitled — indeed required — to investigate further.

As the Supreme Court confirmed in Sharland v Sharland [2015] UKSC 60 and Gohil v Gohil [2015] UKSC 61, fraudulent non-disclosure goes to the heart of financial remedy proceedings. A consent order or final order obtained on the back of non-disclosure may be set aside, even years later. The courts take this seriously — and so should you.

What Is a Form D11 Application?

A Form D11 is the general application form used in family proceedings to make an application to the court for a specific order or direction. It is the procedural mechanism through which you bring a matter formally before the judge.

In the context of non-disclosure, a D11 application can be used to seek a range of orders, including:

• An order compelling the other party to provide specific documents or information
• An order for third-party disclosure (e.g., from banks or HMRC)
• A freezing injunction to prevent dissipation of assets
• An Unless Order — one of the most significant enforcement tools available

The D11 form must set out clearly what order you are seeking, the grounds on which you are making the application, and the supporting evidence. It should be filed with the court and served on the other party.

What Is an Unless Order?

An Unless Order is a court order that carries an automatic and immediate sanction if the party to whom it is directed fails to comply by a specified date and time. The name comes from its characteristic structure: “Unless [Party] does [X] by [Date], [Consequence] shall apply automatically.”

In financial remedy cases, common Unless Order sanctions include:

• The non-complying party’s case being struck out — they lose the ability to defend the proceedings or make claims
• Their statements being excluded from the proceedings
• A costs order being made against them
• Adverse inferences being drawn — the court assumes the missing information would have revealed undisclosed wealth

The power to make Unless Orders derives from the court’s case management powers under the Family Procedure Rules 2010, particularly Rules 4.1 and 4.3, which allow the court to impose conditions and sanctions to secure compliance with its orders.

How to Pursue Non-Disclosure: A Practical Step-by-Step Guide

Step 1: Identify and Document the Non-Disclosure

Before making any application, you need to identify precisely what is missing or deficient. Review the other party’s Form E and supporting documents carefully. Consider whether:

• Bank statements cover the required periods
• All properties, vehicles, or business interests are listed
• Pension valuations (CETV) have been obtained and disclosed
• Income figures match what you know about their earnings or lifestyle
• Any significant transfers of money or property have taken place that are unexplained

Step 2: Raise Concerns at the First Appointment

At the First Appointment (FDA), each party must file a questionnaire setting out requests for further information or documents from the other party. This is the formal opportunity to identify gaps in disclosure and seek court-ordered responses. The court will consider which questions are necessary and proportionate, and will issue an order directing the other party to answer within a specified timeframe.

Step 3: If Non-Compliance Continues — Make a D11 Application

If the other party fails to answer the questionnaire or provide ordered documents, or if new evidence of concealment emerges, you should file a Form D11 application seeking an Unless Order. Your application should:

• Specify exactly what has not been disclosed or provided
• Refer to any prior court orders that have not been complied with
• Explain the relevance of the missing information to the resolution of the case
• State the specific order you are seeking — including the proposed sanction if the Unless Order is not met
• Be supported by a brief witness statement or statement of evidence setting out the history

Step 4: The Court Hearing

The court will list the D11 application for a short hearing. Both parties will be able to make representations. The judge will consider whether non-compliance has occurred, whether it is serious enough to warrant an Unless Order, and what sanction is appropriate. Courts generally expect a track record of non-compliance before imposing the most severe sanctions, but where a party has repeatedly ignored orders, the court will act decisively.

Step 5: After the Unless Order Is Made

If an Unless Order is made and the defaulting party still fails to comply by the deadline, the sanction takes effect automatically. You do not need to return to court to enforce the consequences — they apply without further application. However, if the sanction is that their case is struck out, you may need to make a further application to proceed to a final hearing on an undefended basis, or to obtain the final order.

A party can apply to the court to be relieved of the sanction (i.e., to have the Unless Order’s consequence lifted), but they must demonstrate a good reason for non-compliance and act promptly. The threshold is a high one, particularly where there is evidence of deliberate concealment.

Drawing Adverse Inferences

Even without an Unless Order, the court has the power to draw adverse inferences from a party’s failure to disclose. This means that if the court is satisfied that a party is hiding assets, it can assume the undisclosed assets exist and attribute a value to them when making a final order. This principle was affirmed in Baker v Baker [1995] and has been applied consistently since.

Adverse inferences can be a powerful tool where direct evidence of the amount concealed is difficult to obtain. Courts will look at lifestyle evidence, property records, company accounts, and other indicators to form a view of the true picture.

How Puna Family Law Can Help

Dealing with a financially evasive partner is frustrating and stressful. At Puna Family Law, we assist clients as a McKenzie Friend and paralegal service, helping you to navigate the procedural complexities of financial remedy proceedings, prepare applications, draft questionnaires, and put the strongest possible case before the court.

Whether you need help identifying what is missing from the other party’s disclosure, preparing a Form D11 application for an Unless Order, or understanding your rights at each stage of the process, we are here to support you with practical, cost-effective guidance.

Contact us today to discuss your situation and find out how we can help you secure the full and fair disclosure you are entitled to.