We are delighted to present the final issue of 2023, our HNW Divorce Litigation Conference Edition which has been published following the success of this week’s conference, which took place on Thursday 23rd November. This publication features a poignant collection of essays from the inaugural Future Thought Leaders Essay Competition. Our entrants share their insights into navigating divorce and matrimonial finance.

These compelling narratives shed light on the emotional, legal and financial dimensions of divorce, and provide advice to our readers on dealing with the uncharted terrain of parting ways. Congratulations to our winner Emily Venn of Harbottle & Lewis, and our 2nd and 3rd places, Neeva Desai and David Carver of Charles Russell Speechlys.

Thank you to all our contributors, members and community partners for their consistent support in the HNW Divorce Community. We draw close to another year, but we look forward to welcoming you in 2024 for a new tranche of events.

We are delighted to present our Issue 14 of HNW Divorce Magazine, with articles diving into Alternative Dispute Resolution in the divorce process. Our experts in mediation and arbitration will explore the options when faced with a difficult separation and will provide you with their legal advice in achieving the best possible outcome.

We would like to thank our community partners and contributors for sharing their perspective on settling differences and reaching an agreement in divorce proceedings.

A class action lawsuit has been brought in a federal court in California against the auction house Sotheby’s over the auctioning of Bored Ape Yacht Club non-fungible tokens (NFTs).

Syed Rahman outlines the questions that require answers regarding decentralised autonomous organisations.

The metaverse and Web3 have been the buzzwords to drop lately. And decentralised autonomous organisations (DAOs) can be viewed in a similar light.

Yet what needs to be emphasised about DAOs is that they are currently in a legal grey area, as they do not relate to something similar that has previously been defined.

We are delighted to present our Next Generation Issue 13 of our HNW Divorce Magazine, featuring articles highlighting the impact of new technologies on the divorce process. The articles provide a unique perspective on handling digital assets, understanding financial abuse, and more. We would like to thank our community partners and contributors for sharing their insights into how to maneuver successfully through HNW Divorces.

This Friday, on the 5^th of May, about 480 of the 3,000 or so aspiring barristers in England and Wales will receive offers for pupillage. With awards of up to £100,000, competition is fierce. The Bar Council’s Pupillage Gateway Report shows that the number of applicants peaked in 2020/21 and it appears to be on the rise again. In 2022/23, there were 2,782 applicants using the Gateway with an average of 11.9 applications per applicant. This gives first timers (on average) a 1 in 10 chance of success.

In February, HM Treasury published the ‘Future financial services regulatory regime for cryptoassets consultation and call for evidence’ paper. In it are some intriguing indications of how cryptocurrency venues, brokers, and intermediaries are going to be dealt with in the UK. The paper sets out the next (but not final) phase of the government’s approach to regulating cryptoassets.

What is most important to note from the outset is that this paper deals with a very small part of the government’s approach. Nevertheless, an overview offers insight into where we are headed and is useful in understanding the government’s rather weighty regulatory approach, to ascertain what this might mean to banks, businesses, and investors, both in and outside of the UK.

Issue 12 of our HNW Divorce Magazine - Valentine’s Day Special features articles covering the full spectrum of marriage from prenuptial agreements to financial security after a divorce. There’s
even a lexicon of useful financial planning terminology. As always, thank you to our contributors for taking the time to write these articles and share their knowledge with us.

We are delighted to present the final issue of HNW Divorce Magazine for 2022, a ‘Year in Review’, Issue 11.

Our latest issue discusses the range of topical issues that have faced practitioners this year, including the changes to CGT, no fault divorce, and transparency in the family court.

Thank you to our members, contributors and community partners for their continued support in 2022. Next year brings new events, new content, and new opportunities for the HNW Divorce community, and we look forward to seeing you all in 2023.

Aspiring Solicitor, Farhana Badsha, provides her perspective on ThoughtLeaders4 HNW Divorce Flagship Conference 2022. Farhana's insights stretch from the venue, to the content and peronal reflection on the human aspect of divorce and family separation. 

ThoughtLeaders4's Yoshi Montgomery summarises our HNW Divorce Litigation Flagship Conference, which took place on 24th November at One Moorgate Place. 

We are delighted to present Issue 10 of HNW Divorce Magazine, where our authors explore the digital changes and developments affecting the divorce world. This edition discusses topics such as the rise of cryptoassets, digital privacy, manipulation of documents and more.

Thank you to our contributors, members and community partners for their continued support. Our annual HNW Divorce Litigation Flagship Conference is fast approaching on 24^th November 2022, and we hope to welcome you there.

Following the success of our Crypto in Disputes event which took place on the 29th June TL4 are proud to present our Crypto Insights Document 2022. In this new format of curated content, we look to partner with firms to provide in-depth Insights, Reports, Surveys, Journals and more. If you would like to work with us on a future insight or report please do get in touch.

We are delighted to present Issue 9 of HNW Divorce Magazine, where our authors explore all areas of the new era in HNW Divorce. This edition covers all aspects of the industry, indlucding the long-awaited no-fault divorce, the rise and fall of Boris Becker, divorce post-brexit, crypto, and more.

Thank you to all of our contributors, readers,, and community partners for their support as our HNW Divorce community continues to grow. We are excited to connect with you all at more of our events throughout the rest of 2022.

In this International Women's Month we want to shine a spotlight on a few truly amazing women in our community as they discuss their journey's to leading positions, highlight the challenges they faced in their progression, share their advice with the next generation of female practitioners as well as further action steps to #breakthebias and forge a more inclusive legal world. The Thought Leaders 4 Women Who Inspire features a series of interviews that we will be publishing over the course of the month to celebrate women and champion change. 

In this International Women's Month we want to shine a spotlight on a few truly amazing women in our community as they discuss their journey's to leading positions, highlight the challenges they faced in their progression, share their advice with the next generation of female practitioners as well as further action steps to #breakthebias and forge a more inclusive legal world. Today we launch our ThoughtLadies that inspire campaign featuring a series of interviews that we will be publishing over the course of the month to celebrate women and champion change.

As we wave goodbye to another Valentine’s Day, we thought it only appropriate to bring you a 2022 Valentine’s Special. In this edition, our contributors discuss a variety of issues facing HNW’s, including love vs lockdown, the financial consequences of marriage, and knowing the assets and weapons in your armoury when considering divorce. Thank you to all of our authors, members and community partners for their consistent support. 2022 will be a busy year for the HNW Divorce community, and we look forward to connecting with you all along the way.

What would you be doing if you weren’t in this profession?

In a sliding doors universe, I would like to do something completely different – a glamorous interior designer perhaps. I’m not sure the clients would be any easier to deal with though.

What would you be doing if you weren’t in this profession?

Almost impossible to imagine. I have been doing it for 25 years and I am so entrenched in it! I remember when I was a callow youth discussing the same question with a barrister whom I was instructing. He said that he would be a guide for historical sites. I said that I would be a taxi driver. He is now LJ Moylan.

During 2021, no doubt to some extent because of the pandemic and the pressures that has brought to bear on the court system, I am sure I am not the only person who has found an increasing willingness on the part of the judiciary to look at other ways to resolve disputes outside the formal court process.

Negotiating a financial settlement on divorce can be complicated when one of the assets includes a business. There is usually a need for significant disclosure, expert valuation evidence and tax advice. Thought needs to be given to what documents need to be provided, whether these should be front loaded to enable parties to take early advice and the appropriate expert to provide the parties and the court with a valuation upon which negotiations and decisions can be made.

In the last 18 months, the Royal Court of Jersey has handed down two important judgments in relation to asset protection on divorce. In both cases, settlorfriendly, asset-protection decisions made by trustees, which might once have been considered reasonable, were either set aside or not blessed. Here, we look at the relevant cases and consider what this emerging trend might mean for settlors and trustees going forward.

Some things in life are easy to put a price on; others are not so straight-forward, leading to differences of opinion and, sometimes, disputes. International businesses can be tricky to value at the best of times, not least in the wake of a global pandemic that has wreaked havoc on certain industries.The good news is that when valuing an international business (for the purposes of this article, defined as one operating largely or completely outside the UK), the same tried and trusted methods of business valuation apply as when looking at those closer to home. And our approach remains the same today as it was at the beginning of 2020; we always come back to the same core principles. The International Valuation Standards serve as a useful and widely respected reference. However, there are some areas that require careful consideration when valuing an international business.

A major life event such a divorce is often the catalyst for re-evaluation of future financial needs, and cashflow forecasts are undoubtedly one of the more valuable tools to do this. When well executed, they can offer reassurance about sustainable levels of spending and that someone is unlikely to run out of money, but inaccurate forecasts can lull someone into a false sense of security leading to complacency and overspending. Planning your financial future can be a daunting task at the best of times- but especially when many areas of your life will have changed and you are unsure of future spending patterns and lifestyle costs.

English proceedings which follow in the wake of foreign divorces entail complex rules and procedures which many practitioners may be unfamiliar with unless they regularly deal with international divorces. Several reported cases this year have served as a reminder of the complexities of determining whether a foreign divorce will be recognised under English law and the procedure to be followed in relation to any Part III claim which may follow. The following provides a summary of the key points to take away from those cases.

Disproportionate costs, all too prevalent in financial remedy cases, make it increasingly challenging either to settle cases or to achieve an outcome that is either fair to both parties or meets their respective needs. Judicial frustration at this is common. As observed recently by Peel J in Crowther v Crowther [2021] EWFC 88 “The only beneficiaries of this nihilistic litigation have been the specialist and high-quality lawyers.”

A major life event such a divorce is often the catalyst for re-evaluation of future financial needs, and cashflow forecasts are undoubtedly one of the more valuable tools to do this. When well executed, they can offer reassurance about sustainable levels of spending and that someone is unlikely to run out of money, but inaccurate forecasts can lull someone into a false sense of security leading to complacency and overspending. Planning your financial future can be a daunting task at the best of times- but especially when many areas of your life will have changed and you are unsure of future spending patterns and lifestyle costs.

The year 2021 began with the country being in its third national lockdown and trying to navigate its way through the Covid-19 pandemic. In his ‘Road Ahead’ article of 10 January, Sir Andrew McFarlane, President of the Family Division, noted footfall in court buildings would be kept to a minimum, courts would facilitate remote attendance of all or some of those involved in hearings as the default position. Mass vaccinations were a most welcome light at the end of the tunnel, although the return to anything like the normal working of a family court may not be achieved for some time. The President predicted that beyond the relaxation of the rules, there would still be a significant proportion of remote and hybrid hearings as the country got back to normality. The ‘Road Ahead’ guidance given in June 2020 would continue to apply, with the key concerns being the significantly high volume of work remaining with an expectation of limited facilities to conduct face-to-face hearings. It was accepted that any delay in cases would prejudice the welfare of children; adjourning cases for many months would not be an option. By July 2021, the President continued to be profoundly impressed by the delivery of family justice in navigating a complicated system so different from the norm. 

The year 2021 began with the country being in its third national lockdown and trying to navigate its way through the Covid-19 pandemic. In his ‘Road Ahead’ article of 10 January, Sir Andrew McFarlane, President of the Family Division, noted footfall in court buildings would be kept to a minimum, courts would facilitate remote attendance of all or some of those involved in hearings as the default position. Mass vaccinations were a most welcome light at the end of the tunnel, although the return to anything like the normal working of a family court may not be achieved for some time.  The President predicted that beyond the relaxation of the rules, there would still be a significant proportion of remote and hybrid hearings as the country got back to normality.  The ‘Road Ahead’ guidance given in June 2020 would continue to apply, with the key concerns being the significantly high volume of work remaining with an expectation of limited facilities to conduct face-to-face hearings. It was accepted that any delay in cases would prejudice the welfare of children; adjourning cases for many months would not be an option. By July 2021, the President continued to be profoundly impressed by the delivery of family justice in navigating a complicated system so different from the norm.

2021 has been another turbulent year as we continue to live alongside COVID-19. Amongst the challenges, we are proud to have seen the HNW Divorce community re-connect with old and new contacts, as we returned to in-person events.

This 7th edition will round up the most significant cases and trends over the past 12 months, from the advance of ADR, to cashflow forecasting after a divorce, to the importance of valuing a business. 

We are delighted to publish the 6th issue of HNW Divorce Magazine ahead of our HNW Divorce Litigation Conference taking place on 24th November 2021.

In this edition, our authors focus on trusts, intervenors and third parties in divorce; looking at the effect on the wider family, the division of matrimonial and non-matrimonial assets, and protecting trusts post-divorce. 

2020 put many relationships to the test. As a result, Q1 of 2021 has meant turbulent times for marriages and in turn turbulent times for divorce lawyers. 

Featuring an In Focus supplement on the Modern Family from Withers Family Law, the 5th Edition of the HNW Divorce Magazine tackles everything Q1.

READ HERE!

As this “unprecedented” year draws to a close and we prepare for a new year that hopefully promises a whole new world, we invite our readers to wrap up 2020 with the 4th Edition of our HNW Divorce Magazine.

Read Here!

Deliver Value through Virtual Visibility.

Understand what is unique about the ThoughtLeaders4 community approach and how you can add Value to our Communities and be Visible through our Virtual platform.

To find out more about our VVV packages DOWNLOAD OUR BROCHURE

Proceedings for financial claims after a divorce has already taken place in another country (known in England and Wales as Part III applications) are politically, legally, and culturally sensitive.  These applications enable a court in one country to determine whether a financial outcome made in another country is fair and adequate and if not, additional financial relief can be secured. This can sometimes lead to very large financial settlements.  This talk deals with the most relevant cases in the last 12 months and discusses some current thorny issues including the difficulty in sharing English pensions after a foreign divorce post 31 December 2020.   

We are delighted to bring you the Summer edition of the HNW Divorce Magazine. With lockdown easing, having the brake pedal squeezed, over, impending or a 2nd wave imminent there has never been greater pressure on everyone’s way of life. Community has never been more important to the busy practitioner and we are pleased to bring you truly unprecedented industry-led content in the bumper 3rd edition of the HNW Divorce Magazine.

Read Here!

Getting divorced is never easy and quite often, splitting up the finances is one of the most stressful parts of the divorce process. As financial advisers, we cannot take the emotional stress away but we can make the financial discussion easier and in some cases, we can find ways to improve the overall tax situation. I have even seen one situation in which a divorce became the most viable option to achieve a specific financial goal… more on this later.

Pensions can be of huge significance for divorcing high-net-worth couples. The most recent ONS figures show that for the wealthiest 10% of households, private pensions amount to 44% of overall wealth, compared to 30% held in property and 22% held in other investments.

Disputes within HNW Divorces are increasingly common.

Clients can spend considerable sums and years fighting for a successful Matrimonial Order (Order), which they envisage will be paid after an Order is obtained.

Many practitioners will appreciate that Jersey is a self-governing Crown Dependency with constitutional rights of self-government and judicial independence. It follows that orders made in the courts of England and Wales are not enforceable as of right in this jurisdiction. We focus in this article on three common scenarios we see when such cross-jurisdictional considerations arise and the steps you can take to ensure that the terms of such an order are honoured.

Our client was successful in her claim for “compensation” for what Mr Justice Moor described as her “relationship generated disadvantage”. The principle of compensation first appeared in the family courts in the 2006 judgment of Miller v Miller; McFarlane v McFarlane [2006] UKHL 24. Since then, there have been no reported cases where the principle has been argued successfully, until now

We are delighted to bring you the Community Comes First edition of the HNW Divorce Magazine, where you will get the latest insights from all professionals whose practice encompasses or touches upon the HNW Divorce community.

Read Here!

Debt, death and divorce: often grimly cited as the estate agent’s best friends, they are also three main harbingers of trust litigation. The last of these can be particularly troublesome for trustees, who can find themselves in a difficult position when a beneficiary (or beneficiaries) of a discretionary trust divorce, especially when it is taking place in the English courts

We are delighted to bring you our inaugural Valentines edition of the HNW Divorce Magazine, where you will get the latest insights from all professionals whose practice encompasses or touches upon the HNW Divorce community.

Read Here!

In the run-up to our HNW Divorce conference on 23rd November 2023 in London, we invite submissions from next gen practitioners on this topical debate. We encourage you to draw on your own experiences and jurisdictions and offer a well-supported argument either for or against reform.

You may choose to focus on section 25 of the Matrimonial Causes Act, you may discuss whether legislation should be expanded to incorporate financial provision for non-marital relationships, or you may look at the wider political and economic context of reform.

We invite you to be creative, well-researched, opinionated, and take a position on this timely issue, affecting the next generation of divorce practitioners.

What would you be doing if you weren’t in this profession?

I love an old-fashioned book shop and I love freshly cut flowers. So I would be running a book shop-come-florist, where customers can browse with the scent and sight of flowers (and then buy some on the way out!). And if I could squeeze in a coffee shop too, all the better!

The recent judgment of Mostyn J in the matter of E v L [2021] EWFC 60 (Fam) again raises the question of the challenge and use of retrospective valuations in matrimonial disputes. The approach of Mostyn J over the years clearly demonstrates that he, and other Judges, are not afraid to adjust expert valuations in order to achieve a fair result for the parties. In our experience, and put simply, retrospective valuations are required to understand the value of assets brought into the marriage and assess the extent to which the current value may be split between matrimonial and nonmatrimonial assets.

The courts continue to struggle with a lack of resources, an overload of work and the after-effects of the pandemic. Regularly, hearings for which the parties have waited months and in respect of which they have incurred significant costs are being vacated by courts with little or no notice. Increasing, parties and advisors are looking for other options to court-based resolution of issues such as alternative dispute resolution (‘ADR’).

This phrase is used by court offices across the country as the explanation for adjourning hearings, usually with about 24 hours’ notice. Final hearings seem to be the worst affected and an analysis of my own diary over the last year suggests that (in finance at least) such hearings are more likely than not to be adjourned at least once. I have a couple of matters which have been adjourned twice and have heard of cases going through their fourth attempt to find a judge. Delays of 6 months or so between each listing are not uncommon and applications for financial remedies seem to be the worst affected, presumably because matters involving children are given priority. In each case these adjournments lead to unnecessary costs; not just wasted brief fees but inevitably extra correspondence, ongoing interim maintenance and mortgage payments and, in one of my cases, the need (following each of two adjournments so far) to update a chartered surveyor’s valuation of various commercial premises and an accountant’s valuation of a business. That’s a total of four experts’ reports placed in the shredder (or at least deleted).

Getting married, choosing the person with whom you want to spend the rest of your life, is a complex decision. It becomes even more complex if your sweetheart is not of the same nationality or if you and your spouse-to-be live in or need to move to another country.

International Children Forum - Slides

International Finance Forum - Slides 

Slides for event 

ThoughtLeaders4 is pleased to announce that 1 King’s Bench Walk has extended its HNW Divorce Community Partnership for a second year.

ThoughtLeaders4 is pleased to announce that 29 Bedford Row have extended their HNW Divorce Community Partnership for a 2nd year. 

A recent decision by the Court of Appeal in A Local Authority v JB [2020] EWCA Civ 735 has led to a radical re-assessment of the way in which courts should assess capacity and sexual relations in future cases. 

James has been the commercial lead on many globally renowned Private Client events and forums  and has over 10 years of experience of curating communities across the full spectrum of the Private Client advisory market.

James’s arrival re-unites him with Laura Golding and along with the ThoughtLeaders4 directors, gives over 30 years’ experience within Private Client, and will add continued impetus to an already rapidly growing community.

Full sildes 

Brexit & Fmaily law event agenda 

Materials for Brexit & Family law webinar 

Case study fact pattern for virtual event - 19th November 2020

The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1 January 2021 onwards, probably until 2038 and perhaps beyond.  This fact is not much known, has not been widely publicised but is very relevant for those who wish to continue to rely on EU laws in their family affairs. 

Case study outine for TL4 Virtual Community X-Over on 19 November 2020 is a unique virtual event bringing together HNW Divorce, FIRE and Private Client experts.

This follows our previous piece, Divorced from reality: Pugachev, Webb, and illusory trusts in divorce proceedings, which was published in the August 2020 edition.

On 3 August 2020 the Privy Council handed down its eagerly awaited Webb v Webb ([2020] UKPC 22) judgment in the appeal from the Cook Islands. Its judgment grapples with several important issues, with perhaps the most eye-catching aspect

Event slides for Quickfire HNW Divorce: Hot Topics in Finances & Children

Marital agreements are becoming increasingly popular in England & Wales as more couples seek greater certainty of financial outcomes in the event they divorce. The increasing number of international couples (who may be more used to such agreements) has also made marital and civil partnership agreements more popular and culturally acceptable in England & Wales.

EU family laws end on New Year’s Eve 2020[1].  For all new proceedings[2] from 1 January 2021 onwards there will be reference to national laws and non-EU international laws.  This article summarises what is that law, separating out threefold elements of jurisdiction, forum[3] and recognition with enforcement.  In turn it is within the three key areas namely divorce, maintenance and children. 

Over the summer there was real uncertainty concerning the proper and appropriate interpretation of a key part of the 2019 EU Withdrawal Agreement (WA).  Not a matter of mere academic or political interest, it was vital for family law practitioners to know how to prepare for EU exit, specifically what steps should be taken in their cases this autumn and winter.  Last week the EU published guidance which very helpfully clarified the position, confirmed by the UK Ministry of Justice. 

In the recent unreported decision of B v B, heard remotely at the CFC in May 2020, two members of chambers were on opposite sides: Peter Duckworth for the wife and Conor Fee for the husband. The skeleton arguments and ensuing judgment addressed controversies that have surrounded the interpretation of Article 3 of Council Regulation (EC) No 4/2009 (the Maintenance Regulation).

Event slides from Death & Divorce webinar

Slides from the Trusts in Divorce event on the 6th July

Downlaod the event notes and slides from the recent 29 Bedford Row event - HNW Divorce, The latest from 29 Bedford Row

Crib sheet of cases referred to in recent virtual event

Drafted by an experienced cohort of QC’s, barristers and arbitrators who regularly practice as private judges and arbitrators in remote hearings, this guidance aims to answer these questions and provide insight on best practice. See guidance documents below:

Want further clarifiaction? Question the authors directly in a 1 hour webinar on 12 June 2020 designed to provide guidance on the guide:

A Guide to Remote Private Hearings: Arbitrations, Private FDRs and Early Neutral Evaluations (12pm-1pm, 12 June 2020)

All materials for the Schedule 1 and unmarried couples event can be found here 

A flood of material released by the courts of England and Wales has ensured that the message has quickly spread that, while it may not be quite as usual, every step is and will be taken to ensure that court business continues. 

The Split, a BBC One drama which follows the personal and legal challenges faced by the Defoes (a family of female divorce lawyers to high-end and celebrity clients), returned to our screens last month after the success of its first series back in Spring 2018.

Although both altruistic and compensated surrogacy in the England is legal, it is important to note that English surrogacy contracts are not legally enforceable and therefore wholly reliant on goodwill for their execution.

The Coronavirus pandemic reminds us of Simone de Beauvoir’s “All men are mortal” Both encourage us to re-evaluate our priorities, prompting us to seize new opportunities otherwise ignored under the “business as usual” regime.

The UK has left the EU.  But existing laws continue throughout the transition period, end December 2020.  Some had lobbied for EU family laws nevertheless to continue.  In February 2020 the UK government confirmed EU laws will end completely.  But the UK is probably the leading jurisdiction for international families and the EU represents a significant number of the independently mobile cross-border families.  It is essential there is future cooperation.  Moreover, what will be the effect and impact on high net worth families? 

In Re N (A child) [2020] EWFC 35 the High Court was asked to consider whether judicial delays abroad caused by COVID-19 was a reason to depart from the general practice recommended in the decision in Re S (A Child) (Abduction: Hague Convention) [2018] 4 WLR 108 namely that the court should defer making its own return order until an application under the 1980 Hague Convention has been determined in the other member state.

Living through the Coronavirus creates a heightened sense of stress and anxiety for us all. Decisions that used to require no thought at all are now, for many of us, very fraught: Should I go to the supermarket? How should I take my daily exercise? Do we have enough food this week? How can I support my elderly relatives? It is an extremely challenging time.

That is to be the position in New York after Governor Andrew Cuomo announced on 18 April 2020 that he had signed an Executive Order allowing New Yorkers to obtain marriage licences remotely and authorising clerks to perform ceremonies via video conference.

The media has been at great pains to emphasize the huge surge in cases of domestic abuse during the course of the Coronavirus lockdown.  In some areas there has been reported some 400  cases over the lockdown period which has lasted a month.  Translated across the country and in fact the world, the case numbers are ever growing. 

Parents are increasingly reluctant to provide financial assistance to their adult children because they are concerned that the money could be lost in a divorce. We are often approached by anxious parents who are keen to ensure that family wealth intended for their children and grandchildren won’t fall into the hands of their estranged son or daughter in law, should they later divorce.

We are adapting to a whole new normal – There’s been an overnight shift to remote working for almost the entire population and the court system which has remained unchanged for decades is creaking and in many instances no longer available. This is therefore a time for alternatives to court to come into their own. We are lucky that over the years we have developed a whole range of DR. All of the forms of DR can be undertaken virtually – whether by Skype/zoom/loop up and many accredited practitioners are waiting to help.

The Coronavirus pandemic has no doubt created fear around the world. With school closures, travel bans and the lockdown of many cities around the world, many of us are left wondering where the safest place for us is to ride out the coming months. Whilst it is completely understandable to want to protect ourselves, our families and our children, if looking for a safe haven results in you removing your children from their country of residence, without the consent of the other parent, you could find yourself facing civil and criminal repercussions.

Reports in some media and newspapers today, Sunday 8th March 2020, indicate that HM Courts & Tribunals Service is moving ahead with coronavirus containment plans to have more Skype type video-conferencing court hearings, particularly and initially in criminal cases, to reduce the need for use of public transport and public gathering. The family law profession will follow developments closely as it can only be a short step to the same measures in the Family Court.

While we are all aware of the highly complex legal, financial, commercial and international issues raised by HNW divorces, how much do we know about the personalities that have evolved within this section of society? What might we encounter of the psychology and emotional aspects of the parties involved? HNW and UHNW individuals face and develop a set of challenges within life that might be unfamiliar to those who do not inhabit that world of affluence. The very nature of their circumstances allows them to distance and detach themselves from the everyday concerns that occupy most of the planet, the need to survive financial demands on daily basis, to make ends meet. Consequently there is often little awareness, sympathy or empathy for the human and existential struggles that they, like every other human on the planet, have to face.

The Oscar winning Marriage Story, released on Netflix, is a compellingly accurate, often painful to watch, account of the fallout when a marriage ends, and the damaging impact adversarial litigation can have. As family lawyers, we are all used to scoffing at TV dramas bearing little resemblance to the reality (“did you see? They used completely the wrong court forms!?  And just IMAGINE speaking to your clients like that!”), but Marriage Story really is something different.

While we are all aware of the highly complex legal, financial, commercial and international issues raised by HNW divorces, how much do we know about the personalities that have evolved within this section of society? What might we encounter of the psychology and emotional aspects of the parties involved? HNW and UHNW individuals face and develop a set of challenges within life that might be unfamiliar to those who do not inhabit that world of affluence. The very nature of their circumstances allows them to distance and detach themselves from the everyday concerns that occupy most of the planet, the need to survive financial demands on daily basis, to make ends meet. Consequently there is often little awareness, sympathy or empathy for the human and existential struggles that they, like every other human on the planet, have to face.

This article briefly discusses two cross-jurisdictional issues arising in foreign  HNW divorces on which we are regularly instructed to advise from a Jersey law perspective.Given Jersey's status as a leading and highly regulated, offshore financial services centre, we frequently encounter HNW and UHNW divorces featuring Jersey trust structures. In almost all cases, Jersey trusts are administered by professional trustees regulated under our Financial Services (Jersey) Law 1998 by the Jersey Financial Service Commission and further subject to the supervision of the Royal Court of Jersey. When beneficiaries of a Jersey trust become involved in foreign divorce proceedings, it is helpful for them to understand that the trustee(s) have a number of important decisions to make...

Insolvency proceedings are a potential option for clients to consider in situations where there are unpaid debts, judgments and orders and/or concerns over the dissipation of assets.

It is recognised that insolvency can seem a nuclear option for enforcement but insolvency proceedings can be an effective strategy to maximise recoveries where a client has an outstanding award.

It is almost ten years since the landmark decision of the Supreme Court in Radmacher v Granatino [2010] UKSC 42 changed the law on prenuptial agreements, giving their enforceability a huge boost when holding that the parties would be held to their bargain in the event of a divorce where the agreement ‘’was freely entered into by each party with a full appreciation of its implications, unless in the circumstances prevailing it would not be fair to hold the parties to their agreement’’.

The World Health Authority is on the verge of declaring the coronavirus a pandemic, a disease found significantly on more than one continent and being spread frequently between people.  How should family lawyers take this into account in the work they are undertaking for their clients, particularly international clients or those with assets abroad?  This summary note is intended for England and Wales but has relevance for all family lawyers around the world.

Jane Keir is one of the most well known and recognisable faces of family law. As co-chair of our inaugural conference we got her thoughts on the industry and what to look out for on the 19th May. 

The Family Court has demonstrated a willingness to assist a party to enforce a financial remedy order by allowing use of confidential documents where there is evidence of deliberate attempts by the respondent to frustrate English court’s orders, and where there is no evidence that the applicant acted unlawfully in accessing confidential materials.

In Re I-L (children) the Court of Appeal allowed the father’s appeal and held that where the 1996 Hague Convention applies between two countries, if a 1980 Hague Convention application is made and is not successful, the applicable jurisdictional provisions are those of the 1996 Hague Convention, particularly Art 11, and the inherent jurisdiction is not available to use. Eleri Jones, barrister at 1GC Family Law, who represented the appellant father, considers the implications.

Paul Hollywood is a highly public judge on one of Television’s most popular shows, with over 6 million viewers watching him and his taste buds push Great British Bake Off contestants to tears, frustration and occasional joy but when it comes to his divorce, he and his wife of over 20 years have chosen for their financial arrangements to be adjudicated in private.

Boris Berezovsky was born in January 1946. He was a Russian business Oligarch, government official and mathematician. Berezovsky was politically opposed to the President of Russia, Vladimir Putin...

In just ten years, cryptoassets have become a £100 billion industry. We now face the alarming prospect that millions of pounds can be hidden behind a few lines of computer code without ever touching a bank account. If your soon-to-be ex-partner has made a fortune with Bitcoin, how do you get a share?

Over the last 50 years we have seen the dynamic response of the law in England and Wales to developments to modern families such as adoption, IVF, surrogacy, civil partnerships and same sex marriage. It is therefore disappointing that further, much needed and planned legislative reform in the sphere of family law with the Divorce, Dissolution and Separation Bill (introducing No fault Divorce) and the Domestic Abuse Bill (increasing the protection for victims of domestic abuse) has fallen away due to the election

Bill Hewlett is pioneering a new approach to divorce and separation. We caught up with him prior to Bill speaking at our inaugural conference

Given the increasing focus on HNW divorce litigation and the prevalence these cases can get from the media, we caught up with Nick Holland from McDermott Will & Emery to get his different perspective on divorce litigation. 

Prior to speaking at our inaugural conference we caught up with Laura Rosefield, one of the leading Divorce consultants