Francesca Fothergill

Called 1994

A fearsome opponent and a superb advocate who has the ability to think on her feet like no other.

Legal 500 2021

About

Francesca is an experienced matrimonial finance specialist, with an emphasis on high value cases, which often involve contested business valuations, complex tax and trust structures, inherited wealth and third party intervention.

Francesca is renowned nationally for her particular expertise in relation to cases concerning farms and landed estates, and the associated issues of non-matrimonial wealth, partnerships, family settlements and succession. She lectures extensively on these matters.

Francesca is described as tenacious, fearless and straightforward, with a keen pragmatism and a focus upon achieving realistic, practical solutions for her clients.  Her approach is that of a determined negotiator, yet also a fighter when required.

Francesca welcomes instructions to sit as a private FDR Judge. The private FDR offers an opportunity to resolve matters more swiftly and efficiently than might otherwise be possible in the formality of a court based hearing.

Areas of Expertise

Contact Francesca Fothergill

Accolades

Legal 500 2022 - Tier 2 - Divorce & Remedy "She is an extremely bright and able junior."

Legal 500 2021 "A fearsome opponent and a superb advocate who has the ability to think on her feet like no other."

Chambers UK 2020 "Extremely competent matrimonial finance advocate. Very clear in her advice and meticulous in her preparation."

Chambers UK 2019 "She is really good at building a rapport with clients, she’s really bright, she has a great brain."

Chambers UK 2018 "A formidable advocate, very good with agricultural cases and very approachable. Her practical knowledge is great and she is also very bright. She is good at grasping the intricacies of a case."

Legal 500 2018 (Tier 1) "Francesca is good at dealing with complex cases, and particularly good with difficult clients and opponents."

FLBA

Agricultural Lawyers Association

VO v VO: Long marriage between elderly couple with issues of substantial inherited wealth (£8 million) and the extent to which that wealth should be treated as matrimonial. Contested medical evidence in relation to both earning capacity and future needs.

M v M: Enforcement of separation agreement. Assets £11 million. Analysis of autonomy and the effect of the agreement, Wells v Wells sharing, respective earning capacities and post-separation accrual.

W v W: H had significant business assets in UK, Europe and SE Asia (ca. £10 million). Complicated issues of taxation, relevance of pre-marital wealth and post -separation accrual

C v F: Couple with extensive interests in travel industry in UK and in Caribbean. Issues of illiquidity, projected profitability and taxation consequences. Relevance of pre-marital wealth.

W v W: Farming case. Contested accountancy evidence in relation to future profitability, maintainable income and liquidity. Contested medical evidence as to ability to work.

W v W: Assets comprising property development and royalty income streams. Business valuations all contested.

T v C: Farming case. Strongly contested allegations of conduct litigated at final hearing. Sale of farm obtained on grounds of liquidity and lack of credibility.

T v T: Application for nullity based on lack of capacity and non-consummation.  Successful at trial and declaration of nullity obtained.

Somerville College, Oxford. MA (Oxon) 2.1 Modern History. City University Diploma in Law Inns of Court School of Law (Very Competent)