Divorce & Matrimonial Finance Cases

Complex and long-running TOLATA claim

Rachel was instructed in a difficult TOLATA claim that had been ongoing for some years. The Defendant was a litigant in person and the parties were unable to agree the terms of instruction for a valuation expert. An application was made on Rachel’s client’s behalf for a direction from the Court so that the property Continue reading

Securing a fair settlement after a long marriage

Sophie acted for a wife in her application for financial provision following a long marriage of twenty-five years. The parties had accumulated substantial equity in a mortgage-free family home and both had healthy pension provisions. The matter was complicated by sizeable inheritance that was received by the husband near the end of the parties’ marriage. Continue reading

Preserving assets in multi-asset case

Philip represented the Wife in a large and multi-asset case in which legal issues of both conduct and non-matrimonial property arose, and which was further complicated by the sale of an accountancy business. Philip was successful in preserving the vast majority of his client’s assets.

Application for annulment changed to divorce

Cara represented the Petitioner in a case management hearing for an annulment for lack of consummation of the marriage. The Respondent agreed and then wrote to the court retracting the agreement. The Respondent then did not make his position clear at the hearing, so the Judge wanted to list the case for a full contested Continue reading

Enforcing an order for sale

Christopher acted for a Wife in a case involving enforcing a previous order. The parties separated had separated several years previously, and agreed financial matters between them. The main aspects of the agreement were that the Husband was to pay the Wife a lump sum and she was to transfer the family home to him Continue reading

Multiple inheritances and family trusts

Philip acted for a Wife in an extremely complicated financial remedy dispute. The case involved issues about the extent to which assets derived from two sets of inheritances and multiple family trusts were to be regarded as matrimonial or non-matrimonial assets and/or as a relevant resource.

Retaining the matrimonial home for a Wife

Philip acted for a Wife in a complicated financial remedy dispute involving the use of multiple companies, a sham option agreement and a S.37 application. He was successful in defeating the Husband’s claims over Wife’s assets entirely, and retained the whole of the former matrimonial home for her.

Opposing an urgent Maintenance Pending Suite

Melanie acted for the Respondent in an urgent Maintenance Pending Suite application involving complex issues of international law, issues of jurisdiction, substantial property and financial assets. The Application was opposed by the Respondent who was seeking for the application to be dismissed. Melanie successfully persuaded the Court declined to grant the application and dismissed the Continue reading

Protecting a wife’s position in light of health issues

Sophie acted for the Wife in a case where there was a single significant asset, the former matrimonial home. Throughout the parties’ 28-year marriage, both the Husband and Wife resided at the family home and contributed towards the mortgage. Following the breakdown of the marriage, the Husband left the family home but continued to pay Continue reading

Dismissing a Maintenance Pending Suite application

Melanie acted for the Respondent in an urgent Maintenance Pending Suite application involving complex issues of international law, issues of jurisdiction, and substantial property and financial assets. The Application was opposed by the Respondent who was seeking for it to be dismissed. The Court declined to grant the application and dismissed the application with costs Continue reading

Achieving a financial settlement in favour of a Wife

Sophie acted for a Wife in financial proceedings following a marriage of twelve years. There were two children of the marriage, who continued to live with the Wife. The parties jointly owned two properties, both of which were rented to tenants. Rather unusually in light of the circumstances, both parties resided in rented accommodation. Throughout Continue reading

Mediation to enable financial settlement on good terms

Dean was instructed by the husband in a financial claim on divorce. The client wished to ensure that he and his wife remained on speaking terms for the benefit of their children and thus a mediation/round-table meeting was arranged at which the parties were legally represented. The marital assets included four properties, together with significant Continue reading

Negotiating a Final Order at First Directions Appointment

Melanie represented the Applicant in a First Directions Appointment during which it was possible to negotiate a Final Order. The assets involved consisted of various capital and overseas assets, including trust property. With Melanie’s expert negotiation, a Final Order was agreed whereby the Court approved the Order the Applicant was seeking, and the parties avoided Continue reading

Securing the family home plus costs for Wife

Sophie acted for a Wife in financial proceedings following a long marriage. The Husband was acting as litigant in person and had continuously failed to properly engage with proceedings or comply with directions made by the Court. Due to the difficulties posed by the Husband’s lack of compliance, Sophie had to adopt a robust approach, Continue reading

Protecting a husband’s inherited property

Christopher acted for the Respondent Husband in a difficult case where low incomes and limited equity in the family home limited the potential for both parties to afford housing. It was already agreed that the Wife should stay in the home with the children until they had finished school. The complicating factor in this case Continue reading

Protecting a Husband’s pension after a long separation

Philip acted for the Husband in a dispute centring on his pension, and the length of time since separation. He was successful in restricting the Wife’s share of his client’s pension to a small percentage, with a clean break because of the time elapsed since the separation and the circumstances at that time.  

Securing assets in a disputed order

Edward represented a Wife in matrimonial finance proceedings which had concluded some years ago. However the Husband had maintained opposition to the implementation and specifics of an order that had been ordered by the Court at the conclusion of a Final Hearing. Edward secured a detailed order, precisely as sought by the Wife, which both Continue reading

Securing a lump sum payment for a Wife

Dean represented the Wife in a Husband’s application to cease a periodical payments order. The Husband’s application was made on three grounds (i) the children of the family had reached majority since the order was made; (ii) the Wife had failed to maximise her earning potential; and (iii) the husband had accrued a large tax bill for which he Continue reading

Wife receiving majority of capital assets

Edward acted for a Wife in financial proceedings after a long marriage. With his support, the matter was settled at FDR. It was agreed that there would be a sale of the former matrimonial home, and that Edward’s client would receive 95% of the net proceeds of sale. The Husband would pay the mortgage until Continue reading

Enabling a husband to retain his home after a long separation

Sophie represented a Respondent Husband in financial remedy proceedings. The matter involved large assets, including two separate properties and cash in excess of £100,000. The matter was particularly unusual due to the time that had elapsed since the parties had separated. At the commencement of proceedings, the parties had been separated for some ten years Continue reading

Negotiating a greater financial settlement than originally sought

Sophie represented an Applicant Wife in financial proceedings. The parties had met in Asia and the Wife had made the move to live permanently with her Respondent Husband in England shortly afterwards. After a marriage of approximately ten years, the parties separated but remained living together. Throughout proceedings, the Wife remained in need of sufficient Continue reading

Fair financial split many years after separation

Holly acted for a wife in financial proceedings following a long marriage. The parties had been together for over 20 years and were separated for 10 years before seeking to deal with their finances.  The wife was now in a long-term and committed relationship whilst the husband had remained in the family home. The husband Continue reading

Securing a husband’s pension

Philip represented a Husband with a very substantial pension in a financial remedy case. He successfully defeated the Wife’s case that she should obtain a pension sharing order and spousal maintenance based on a shortfall in her income.

Defending disproportionate claims by a wife

Edward acted for a Husband in matrimonial finance proceedings following a long marriage. The parties’ child was now in adulthood. Before Edward became involved, the Wife had defended the divorce and then made an application for maintenance pending suit, which had resulted in the Court making an order for interim periodical payments and a costs Continue reading

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