Cryptocurrency Becomes Mainstream in Family Law Proceedings

The recognition of cryptocurrency as a form of property has become increasingly prevalent in English courts.

This development reflects the expanding presence of digital assets within mainstream investment portfolios and underscores the need for family lawyers to adapt their approach.

Courts have shown no hesitation in applying established principles of property law to novel digital forms, emphasizing that cryptocurrency is subject to disclosure requirements under section 25 of the Matrimonial Causes Act 1973.

However, evidential identification remains a significant challenge due to the pseudonymous nature of blockchain transactions and the decentralized storage of digital assets.

Practitioners must therefore employ careful forensic analysis to link wallet addresses to individual owners.

The courts' approach to valuation is also noteworthy, with judicial discretion permitting the selection of valuation dates that achieve overall fairness while mitigating volatility risk.