Company Held Assets – Supreme Court Decision

In October last year I posted an article regarding the Court of Appeal decision in the case of Petrodel Resources Ltd and Others v Prest and Others [2012] EWCA Civ 1395 that held that properties owned by a company of which the husband owned did not ‘belong’ to him and therefore his wife had no claim against them in their divorce proceedings.

The wife appealed to the Supreme Court and their judgment has been delivered today.  The question of the appeal is whether the Court has power to order the transfer of these properties to the wife given that they legally belong not to the husband but to his companies.  The Court held that the Matrimonial Causes Act 1973 confers a distinct power to disregard the corporate veil in matrimonial cases.  The properties were held by the husband’s companies on a resulting trust for the husband and were accordingly “property to which