Section 396B(6)

For the purposes of subsection (3)— regard is to be had to any heritable security, charge or other kind of security that it is reasonable to assume was or may have been available to the respondent for the purposes of obtaining the property; it is to be assumed that the respondent obtained the property for a price equivalent to its market value; income is “lawfully obtained” if it is obtained lawfully under the laws of the country from where the income arises; “known” sources of the respondent's income are the sources of income (whether arising from employment, assets or otherwise) that are reasonably ascertainable from available information at the time of the making of the application for the order; where the property is an interest in other property comprised in a settlement, the reference to the respondent obtaining the property is to be taken as if it were a reference to the respondent obtaining direct ownership of such share in the settled property as relates to, or is fairly represented by, that interest.

← 5 · All articles · 7 →

Source: legislation.gov.uk · retrieved 2026-09-04