Family: Property & Finance
Regarded as hugely knowledgeable and accessible by clients, the team thrive on working collaboratively with instructing solicitors to deliver the best possible results. Exceptional client-handling is one of the stand-out qualities of our barristers working in this sensitive and often highly-charged area of law.
Our specialist family property and finances team have a wealth and breadth of experience and expertise in all aspects of the financial consequences of relationship breakdown (whether following marriage, civil partnership or unmarried-cohabitation).
The dedicated team cover:
– Matrimonial finance following the breakdown of a marriage or civil partnership
– TOLATA claims over property and all other claims arising from unmarried cohabitation
– Financial provision for children under Schedule 1
– Claims under the Inheritance (Provision for Family & Dependants) Act
ADR including Private FDRs
Alternative Dispute Resolution (“ADR”) is a long-established means of resolving disputes as an alternative or alongside court proceedings. Now that court resources are under pressure due to the Covid-19 pandemic, it is a very attractive option available to clients in resolving their dispute.
Private FDRs: these can be provided either remotely or in Chambers. The private FDR will take place in comfortable surroundings conducive to reaching a settlement. Remote FDRs can be arranged using a number of platforms including Zoom and Skype for Business. Private FDRs can often be more cost effective than court proceedings.
For cases involving cohabitees or other family property disputes a “chancery” FDR may be appropriate.
Members of the Finance and Property Group represent clients at private FDRs and a number of members of the Group with specialist knowledge and experience accept instructions to conduct private FDRs.
Mediation: mediation involving a civil mediator is often a very useful method of resolving family property disputes. Members of the group have specific experience in civil mediation.
Arbitration: where it is not possible to reach an agreement, a further option available to clients is arbitration. Members of the group accept instructions to represent clients at arbitrations.
Members of the team are instructed by an impressive client base covering all aspects of Financial Remedies on divorce from high-value cases to needs-based cases made complex by limited assets.
The team combine commercial acumen and a strong understanding of business and finance. 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, post-nuptial or separation agreements.
Disputes arising from cohabitation are often complex and require specialist counsel: we provide that expertise. We advise and represent in all aspects of complex cohabitation disputes between unmarried couples but particularly claims over property under the Trusts of Land and Appointment of Trustees Act (TOLATA).
The team has significant experience of advising on and obtaining the full range of financial provision for children under Schedule 1 of the Children Act 1989.
Our team advise and represent where financial provision is sought under the Inheritance (Provision for Family & Dependants) Act following the death of a family member. Early advice pays dividends in these often-complex applications.