Divorce & Matrimonial Finance Cases

Negotiating an advantageous settlement for a Wife

Christopher acted for a Wife in a divorce settlement following a marriage of 15 years. The couple originally met overseas in the Wife’s home country, then moved to the UK. At the time of the marriage, the Husband already partly owned a successful import export business, and owned two properties in the UK. The couple Continue reading

Varying a final financial remedy order

Philip represented a Husband and succeeding in having a final financial remedy order varied so as to allow his client to buy out the Wife’s share of the matrimonial home, rather than it being sold as previously ordered and as she wished.

Negotiating agreement in a complex divorce settlement

Edward represented a Wife in financial proceedings brought by the Husband after a long marriage. The parties’ children had all turned 18, and the couple’s principal assets were in properties in the UK and abroad. There were also significant pensions, including some which were already in payment and others whose fund status had changed during Continue reading

Protecting an injured Husband’s damages payout

Clive acted for a Husband who had suffered significant injuries in a road traffic accident and who had subsequently received substantial damages for those injuries. The Wife now sought to make a claim for a lump sum payment based upon her perceived entitlement to some of the compensation monies. Clive successfully persuaded the Court that Continue reading

Retaining ownership of companies and properties

Dean represented the husband in a divorce in which the marital assets included two companies and, in addition to the family home, a foreign property and a further property in this country, together with pensions. His client wished to secure a share of the family home, and the companies, which he operated himself. He also Continue reading

Improving on a non-binding agreement

Holly represented a Wife in financial proceedings brought over a decade after the parties’ separation. The Husband alleged that they had reached an agreement at separation which gave Holly’s client half of the then marital assets in the form of £20,000 of endowment policies, while he kept the family home and took on the marital Continue reading

Ongoing financial support beyond retirement

Holly acted for a Wife in financial proceedings following a long marriage. The couple had already agreed the sale and division of the family home, and an actuary’s report had been obtained containing guidance on how to equalise their pension incomes. Both were near to retirement age, and the outstanding issues were what ongoing financial Continue reading

Successful outcome to a Financial Dispute Resolution

Melanie represented the Applicant at a Financial Dispute Resolution appointment (FDR) to agree a final order. The Respondent was seeking to give the Applicant a lump sum award which Melanie resisted on behalf of her client. With Melanie supporting her client, the Court approved the Final Order which was sought. In other words, instead of Continue reading

Negotiating a settlement and avoiding final hearing costs

Louisa acted for a client in financial remedy proceedings following a long marriage. There were three children, the youngest of whom was 16. The matrimonial assets (2 properties, pensions and other savings) derived largely from damages received by Louisa’s client following childhood accident. Additionally, there were factual issues about whether the other party was now Continue reading

Achieving a more equal share of assets for a Wife

Holly was instructed shortly before a final hearing to represent a Wife in financial proceedings. The main issue involved the family home and how the net proceeds should be split. There were a number of uncertainties which complicated the financial split. The children were living with different family members, and it was not clear with Continue reading

Reducing a husband’s payments to a manageable level

Holly represented a client who was seeking to reduce the periodical payments that he made to his former wife. He had agreed a generous provision some years earlier but was now struggling to maintain the payments. Also, changes in the circumstances of the wife, including a move away from the former family home, brought about Continue reading

Achieving a fair outcome for a husband in a carer role

Philip acted for a Husband who had fulfilled the role of carer whilst the Wife built up her career. He successfully settled the case to his client’s satisfaction, the husband receiving by far the greater share from the matrimonial home, a significant pension share and maintenance.

Reopening a 4 year-old financial order

Philip represented a wife, succeeding in re-opening a final financial order decided 4 years previously. He obtained a substantial increase in the capital payment in accordance with the set-aside principles set out in the Supreme Court’s decisions in Sharland and Gohil. His client was completely delighted.

Retaining significant assets for a husband

Christopher represented the husband in a fully contested financial dispute between him and the wife. Christopher’s client lived in the UK and owned a property portfolio of several properties. The wife was not a UK national, and lived abroad. The case involved a significant factual dispute, with the husband claiming that the wife owned two Continue reading

Protecting a wife’s pre-marriage assets

Christopher represented a wife in a divorce and matrimonial finance case, where the assets comprised the family home, a property portfolio and the wife’s pension (acquired prior to the marriage). In this mid-term marriage, the wife was in her mid-60s and the husband in his mid-50s, and they had no children. The family home had Continue reading

Achieving financial independence where there are liquidity issues

Holly represented a wife in financial remedy proceedings which involved extensive and varied assets. The parties owned the family home, numerous investment properties, plots of land, companies, vehicles and a SIPP. There were extensive liabilities to be considered and issues of liquidity, with the husband’s business ventures being highly leveraged. Directions were made for the Continue reading

Lifting a freezing injunction

Holly represented a husband in complex financial remedy proceedings. Without recourse to his wife, he had sold the family home and distributed the sale proceeds amongst his family. The wife obtained an injunction, freezing his bank accounts and preventing him from dealing with his pensions other than the monthly income payments. He was ordered pay Continue reading

Defending marital assets from an accusation of bigamy

Dean acted for the husband in a financial dispute following a long marriage in excess of 15 years. The wife’s position was that the fact that the husband had committed bigamy by remarrying prior to their divorce amounted to conduct that the court should take into consideration when dividing the marital assets, and that she Continue reading

Securing an out of court settlement and reduced costs

Melanie represented a Respondent in a complex matrimonial finance case which had been listed for a two-day final hearing. The case involved a number of different assets including property, business and trust assets. There were also issues between the parties regarding their incomings and outgoings, earning capacity and housing need. Melanie successfully negotiated a settlement Continue reading

2nd marriage with pre-acquired assets

Acting for a wife who had brought into her second marriage a property and various savings.  The H asserted that he had made an equal contribution and that his needs (including repayment of a family debt) meant that he should receive more than a 50% share of the assets.  The H also claimed that he Continue reading

Share of property

Philip acted for a wife in circumstances where the husband had claimed that he no longer had the proceeds of sale of the former matrimonial home. He was successfully in obtaining orders against the husband’s family members and an order that over £40,000 be paid into Court.

Obtaining possession of property

Philip acted for the wife, where the husband was refusing to co-operate with the sale of a house following final orders. He was successful in obtaining orders that his client should have possession of the house (and evict the other party), take over the sale and have her costs paid out of the other party’s Continue reading

Appealing a final order for financial remedy

Philip acted for the husband in an appeal against a final order for financial remedy. He was successful in appealing the order, and obtained a substantially greater share of the proceeds of the former matrimonial home for his client.

Increasing a wife’s periodical payments

Holly represented a wife in her application for interim periodical payments under s.27 of the Matrimonial Causes Act 1973 (failure to maintain). The wife argued that after their short marriage the husband had failed to provide her with sufficient financial support. The husband claimed that he had insufficient funds with which to assist her and Continue reading

Legal Services Order

The husband, a financial expert, was suspected of hiding away significant financial assets. The wife was unable to afford legal representation to trial, and was considering giving up. The husband was refusing to negotiate at all, and was waiting for the wife to run out of money. John successfully persuaded the court to make a Continue reading

Securing assets for an emotional wife

Ronald represented, on a direct public access basis, a wife who was having difficulty managing her emotions and accepting the end of the marriage despite the husband’s cohabitation with a new partner. Whilst she wanted a significant proportion of assets that were in the children’s bank accounts to be ring-fenced, Ronald had to advise her Continue reading

Securing a home for a father and child

Ronald represented a husband whose health issues had prevented him from working for long periods. The wife was a ‘high-flying’ professional who had been the main earner during the marriage. The couple’s teenage child had chosen to live with the husband. The husband’s intention was to present a case that he would seek employment, that Continue reading

Securing a home for a mother and child

Ronald represented a wife in a case where the assets were under £200,000, primarily comprising the value of the former matrimonial home and some savings. The parties had a young child, who lived with the wife. With her earning capacity limited in comparison to her husband’s, the wife wanted a periodical payments order, and for Continue reading

Securing more than 50% of assets for a wife

Ronald represented a Respondent wife through the Direct Access Scheme at a two-day trial at short notice. This was an involved case, where there was already a maintenance order made against the applicant husband in Belgium and a significant proportion of the assets, that amounted to only £350,000, being ‘ring fenced’ into the children’s bank Continue reading

Acting for wife in case of ‘second family’

Dean acted for the wife. Prior to these proceedings, the husband had spent a great deal of time working abroad and whilst doing so had formed a long-term relationship with another woman with whom he had had a child. He subsequently moved his ‘second family’ to the UK. The husband now sought to reduce the Continue reading

Representation at final hearing

Dean acted under the Direct Public Access Scheme at final hearing for a wife who had previously represented herself throughout the proceedings. In addition to providing representation at the hearing, he assisted the client in drafting witness statements, preparing the court bundle, index and requisite court documents before the hearing. The wife sought a share Continue reading

Inheritance as part of marital assets

Acted for the husband in financial remedy proceedings in which the husband had received a large inheritance shortly before the parties divorced. The wife sought to argue that the inheritance formed part of the marital assets and that she was entitled to half of the same, the husband asserted that the inheritance was his to Continue reading

Reaching agreement on property portfolio

Dean acted for the husband in financial remedy proceedings in which the marital assets included a property portfolio valued in excess of £1 million. Following negotiations a favourable agreement was reached for his client, ensuring that further hearings and the resultant legal fees were avoided.

Preventing enforcement of separation agreement

Dean acted for the wife in proceedings for financial remedy following divorce. The parties had drafted their own separation agreement without the assistance of solicitors when they separated three years previously. The husband now sought to rely on the agreement whereas Dean’s client did not wish to be bound by its terms. Dean’s case was Continue reading

Securing marital assets and a clean break for a husband

Edward acted for a husband at final hearing. The wife contended that there had been agreement at separation and husband had already received 50% of the capital at the time of separation. It was held that husband was further entitled to half of the remaining capital at the time of trial and a clean break.

Securing 75% of the marital home for a wife

Edward acted for a wife in a four-day final hearing. The husband sought the transfer of the former matrimonial home into his name. The wife sought an order for sale. It was held that the home should be sold. The wife was awarded in excess of 75% of the capital.  

Wyatt v Vince

Edward acted for Ms. Wyatt in the case of Wyatt v Vince [2015] UKSC 14 when it was originally heard in the High Court.  

Substantial family assets

Clive represented a husband in a case involving substantial family-held farming assets. The case involved him in obtaining and assimilating expert valuation evidence of those assets and accountant’s reports obtained in the case.

No award for wife

Philip acted for a husband, where his client had paid for and supported the wife’s move from abroad, and her obtaining professional qualifications in this country. In these unusual circumstances, he succeeded in obtaining an order that the wife receive nothing from the husband. “Upon meeting you for the first time that morning, I was Continue reading

Supporting a client with mental health issues

Philip acted on behalf of a husband whose highly successful career had been cut short by mental illness. Philip’s understanding and expertise enabled him to help his client cope with his mental health issues whilst also supporting him against an extremely acrimonious wife. With Philip’s help, the husband was able to advantageously settle his matrimonial Continue reading

A garden can be a need

Philip acted for a wife in financial remedy proceedings and succeeded in obtaining a higher settlement than usual to enable her to have a garden to pursue her love of gardening. An unusual decision, but an example of how carefully pursuing an unusual point can result in success for the client.

Totally intractable dispute – solved

Philip acted for a husband through the Direct Public Access Scheme in an intractable dispute over the marital property, in which the wife was representing herself. Philip’s considerable negotiation skills enabled him to succeed at the FDR stage in persuading the court and the wife to settle on his client’s suggested terms.

Hidden wealth

Philip acted for a wife in a complex dispute over matrimonial property and spousal maintenance in circumstances where the husband’s wealth was masked by international share arrangements and his company’s dealings. With Philips expertise and representation in this area, the hearing resulted in a substantial settlement in favour of the wife amounting to a great Continue reading

Both parties needed the assets to rehouse

Christopher acted for the wife in a low asset case where there were insufficient assets for both parties to be rehoused. The husband had remained in the family home. Christopher successfully persuaded the court that the only way for the wife and child to be rehoused was for the family home to be sold and Continue reading

Significant assets and misconduct

Christopher acted for a wife in the High Court in financial proceedings in a case involving a successful company and a large property portfolio. The husband had severely beaten the wife and his conduct was a significant factor. This case particularly involved Christopher’s skills in: Supporting an emotional client through court proceedings Dealing with large Continue reading

Money to buy properties lent by friend and parents

Christopher acted for the husband in contested financial remedy final hearing. The main issue was as to whether monies used to buy an investment property had been lent to the husband by a friend or were the parties’ savings, and whether monies provided by his parents were gifts or loans. Christopher successfully argued that the Continue reading

Granting an order to a husband’s estate

Corey acted for a wife in proceedings brought against her husband’s property. The husband ‘sold’ the property to a relative under its true value, behind his wife’s back, in order to avoid her obtaining any share of it. Corey successfully persuaded the court to grant an Order setting aside the transaction. The property was later Continue reading

Granting an order to a husband’s estate

Corey acted for a husband in proceedings settled with wife concerning jointly owned property. When the husband died before property was sold, the wife moved back into property and refused to leave. An order was granted to the husband’s estate for the wife to vacate and the family home to be sold.

Securing assets for a wife in non-disclosure case

Corey acted for a wife in proceedings brought by her for a share of husband’s property. The husband had owned the property prior to the marriage, but had other assets. Corey’s expertise demonstrated that the husband did not comply with court directions for disclosure of his assets, debts and income. As a result, his client Continue reading

Protecting a wife’s property portfolio

Corey acted for a wife who owned a large portfolio of properties prior to her marriage, as well as some further properties acquired during the marriage. After a short marriage, with little financial contribution by the husband, who had built up a substantial private pension, he brought proceedings for a share of all the wife’s Continue reading

Protecting a wife’s property in second divorce

Corey acted for a wife on her (and her husband’s) second divorce. His client retained the former matrimonial home from her first marriage and divorce. There had been little financial contribution from her second husband, who claimed an unrealistic level of interest in the wife’s property and sought to force a sale of it. Corey Continue reading

Complex asset portfolio

Melanie acted for the Applicant in a seven-day contested final hearing involving extensive business assets and complex valuation issues. The case highlights Melanie’s experience in dealing with: examining and assimilating very large volumes of evidence the minutiae of an extensive and complex asset portfolio. The Court found in her client’s favour and handed down an Continue reading

Complex pensions case

Melanie acted for the Respondent in a complex pensions case which required expert evidence and managed to negotiate a settlement whereby the Respondent retained the bulk of his pension.

Complex contested hearing involving mental health issues

Melanie acted in a complex contested final hearing against a background of mental health issues and allegations of threatening behaviour – the majority of which were found to be disproved. The case involved Melanie in ensuring that a vulnerable client was able to fully participate in proceedings and resulted in her successfully persuading the Court Continue reading

Securing over 50% of matrimonial assets

Melanie acted for the Applicant in a high-value case involving a number of complex issues. Both parties were engaged in a family-owned business, so the case involved complex negotiations over business and private assets, extensive overseas holdings, pensions and properties held on trust and extensive expert evidence. Melanie successfully secured a negotiated settlement of over Continue reading

Securing substantial matrimonial assets for a wife

In financial remedy proceedings acting for the applicant wife, John secured the equivalent of 75% of the overall matrimonial assets available for distribution. The husband sought to argue exceptional contributions. John conducted a lengthy, detailed examination of the witnesses in court to persuade the judge that there were hidden, undisclosed assets. This case required the Continue reading

Securing substantial matrimonial assets for a husband

The husband had paid substantial maintenance to the applicant wife for a number of years, and then fallen on financial hard times. John successfully argued that such contributions were exceptional, having compared the husband’s lifestyle to that of the wife, and that the entire case should be re-assessed in light of the husband’s new position. Continue reading

Resolving failure to provide maintenance

In a case involving a Premiership footballer, John advised on procedural matters, case funding, and failure to provide maintenance (spouse and child). The case particularly highlighted: the difficulties in a case where one party holds all of the wealth. John was able to advise the client of the implications of a legal services order, and Continue reading

Long-running financial remedy case

Sandria represented a mother in a case running (to date) for over 7 years. Following the original separation, the father took her to court for shared care arrangements over their two children. The couple, who lived close to each other after separation attempted to divide care by alternate weeks, but without success, and the case Continue reading

Achieving fair spousal maintenance Order

Louisa acted for the Husband in a case where the Wife was seeking not only a larger share of their capital assets but also spousal maintenance payments at a high level for a number of years given that she had not worked since the birth of the couple’s children. The impact of the Wife’s claims Continue reading

Conduct

Louisa acted for a Wife who alleged that she had been badly treated by her husband during their marriage. Although these allegations were not likely to affect the overall outcome of the case, she was particularly anxious about having to give evidence at the hearing. The Wife wished to retain more than 50% of the Continue reading

Previous Agreement in relation to finances

Louisa acted for the Wife who asserted that a binding agreement had been reached at the time she and her ex-husband had separated. The Husband sought to persuade the court that there had not been a concluded agreement and that the Wife should pay him an additional sum even though they had separated many years Continue reading

Pension sharing and foreign assets

Holly acted for a husband in matrimonial finance proceedings following a long marriage, during which the parties had lived in Australasia. The wife was seeking ongoing maintenance for the parties’ joint lives by way of a significant pension share. The husband sought to minimise any pension share on the basis that the wife was considerably Continue reading

Mutually beneficial matrimonial home outcome

Holly succeeded in securing the family home for a wife so that she could continue to operate as a foster carer from the property in which she was already registered and established. This outcome highlights Holly’s approach to negotiating results of mutual long term benefit to both sides, since it enabled Holly’s client to secure Continue reading

Complex proceeds of sale of matrimonial home

Holly acted for a husband at a final hearing to determine the level and duration of spousal periodical payments he should pay to the wife; her pension share award; and the split of the proceeds of sale of their former matrimonial home. This latter issue was particularly complex, since the property was subject to a Continue reading