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Impartial and independent, ThoughtLeaders4 HNW Divorce Knowledge Hub hosts cutting edge industry content and insight.

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Splitting Finances on Divorce

Date: 12/05/2020 Type: Articles Topic: HNW Divorce | Finances |
Author: Svenja Keller – Killik

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.

Attacking and defending (pension) trusts in divorce

Date: 12/05/2020 Type: Articles Topic: HNW Divorce | Finances |
Author: Joseph Steadman - Wilberforce Chambers

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.

Enforcement of Matrimonial Orders and potential funding options

Date: 12/05/2020 Type: Articles Topic: HNW Divorce | Finances |
Author: Hannah Davie& Michael Leeds of Grant Thornton UK LLP - Alex Cooke and Alex Hulbert of Schneider Financial Solutions

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.

Can you enforce the terms of an English order in Jersey?

Date: 12/05/2020 Type: Articles Topic: HNW Divorce | Finances |
Author: Lauren Glynn & Victoria Cure - Carey Olsen

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.

Compensation claims on divorce - when the clocks can’t be turned back to recover loss of future earning potential

Date: 04/05/2020 Type: Articles Topic: HNW Divorce | Finances |
Author: Stacey Nevin - Kingsley Napley

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

Suggested Guidance for the conduct of Financial Dispute Resolution/Neutral Evaluation Hearings & for the conduct of a remote hearing as arbitrator or PFDR

Date: 29/05/2020 Type: Reports Webinars White Papers Guide Topic: HNW Divorce | Children | Finances | Remote Hearings | Arbitration | Private FDR’s | Early Neutral Evaluations | Author: Nicholas Allen QC - 29 Bedford Row, Janet Bazley QC - 1GC, Andrzej Bojarski - The 36 Group, Nigel Dyer QC - 1 Hare Court, Marina Faggionato - QEB, Charles Hale QC - 4PB, Suzanne Kingston - Mills & Reeve, Christopher Pocock QC - 1KBW

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)

Read more

Unmarried Couples & Schedule 1 Event Materials

Date: 12/05/2020 Type: White Papers Topic: HNW Divorce | Children | Finances | Modern Family |
Author: Unmarried Couples Event Speakers

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

Urgent relief and the practical implications of social distancing: business as usual, but not as usual

Date: 12/05/2020 Type: Articles Topic: FIRE | Enforcement | HNW Divorce | Finances |
Author: Catherine Eason & Andrew McLeod - PCB Litigation

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. 

How far does the Split reflect the Family law reality

Date: 12/05/2020 Type: Articles Topic: HNW Divorce | Children | Client Perspective | Finances | Modern Family |
Author: Samantha Woodam - The Divorce Surgery

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.

The current obstacles facing intended parents in UK/US international surrogacy arrangements

Date: 12/05/2020 Type: Articles Topic: HNW Divorce | Children | Modern Family |
Author: Sarah Williams - Payne Hicks Beach

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.

Coronavirus’ impact on HNWs advice

Date: 12/05/2020 Type: Articles Topic: HNW Divorce | Finances | Modern Family |
Author: Alexander Troller & Joséphine Auberjonois - Lalive

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.

UK EU Cooperation in Family Law after Brexit: the effect for HNW families

Date: 12/05/2020 Type: Articles Topic: HNW Divorce | Finances |
Author: David Hodson OBE MICArb

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? 

Child abduction during the Coronavirus Pandemic

Date: 04/05/2020 Type: Articles Topic: HNW Divorce | Children |
Author: Lina Khanom - IFLG

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.

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