Family: property & finances
Our specialist family property and finances team has a wealth and breadth of experience and expertise covering all aspects of the financial consequences of relationship breakdown (whether marriage, civil partnership or cohabitation).
The dedicated team cover:
- Matrimonial finance following the breakdown of a marriage or the dissolution of a civil partnership
- TOLATA claims over property and all aspects of disputes arising from unmarried cohabitation
- Financial provision for children under Schedule 1
- Claims upon death under the Inheritance (Provision for Family & Dependants) Act
In an emergency when assets are at risk of being disposed of, we will provide urgent advice and representation to obtain the necessary orders to prevent financial loss. Please contact our senior family clerk (Mark Williams) on 0113 228 5043.
Members of the team are instructed by an impressive client base in high-value cases to needs-based cases made complex by limited assets.
We have particular expertise with:
- complex business arrangements
- farms & agricultural assets
- inherited wealth & non-matrimonial property
- assets held abroad & jurisdiction disputes
- large pension arrangements
- third parties claiming beneficial interests in matrimonial assets
- asset bases comprised of significant Personal Injury awards
- annulment of sham bankruptcies designed to defeat the other spouse's claim
The team combine commercial acumen and a strong understanding of business and finance. Where applicable, this includes having a thorough understanding of the application of the chancery principles in the Family Court.
We advise in writing and in conferences on all aspects of matrimonial property and finance, including on the terms of marital agreements whether pre-nuptial (ante-nuptial), post-nuptial or separation agreements.
We facilitate and host private FDR's and early neutral evaluation: the barrister of your choice to conduct the FDR, at a convenient location and on a date fixed to your availability.
Disputes arising from cohabitation are often complex and require specialist counsel: we provide that expertise. The team provides advice and representation in all aspects of complex cohabitation disputes between unmarried couples but particularly concerning claims over property under the Trusts of Land and Appointment of Trustees Act (TOLATA). This includes drafting the pleadings pre-issue or the defendant's response.
The team also has significant experience of advising on and obtaining financial provision for children under Schedule 1 of the Children Act.
Our team advise and represent in cases where financial provision is sought under the Inheritance (Provision for Family & Dependants) Act following the death of a family member. These are often complex applications where early advice pays dividends.