Next Gen

TL4 HNW Divorce Next Gen will run informative panel sessions and networking events, covering the most pertinent and current issues affecting HNW Divorce - targeted at the junior practitioner in HNW divorce. 

Members will include:

  • Junior partners, associates, counsel at law firms specialising in HNW Divorce
  • Junior barristers practicing at the commercial, chancery, family bar
  • Managers / junior directors at investigation firms
  • In house at banks, wealth managers and financial institutions
  • Litigation funders specialising in HNW Divorce
  • Forensic accounting professionals

Bringing together up-and-coming HNW Divorce practitioners to share knowledge and experience

Who Qualifies as a Next Generation practictioner?

Are there membership criteria?
Typically members must operate in fields related to HNW Divorce Litigation and have 2 - 12 years of experience.

Does my membership end once I reach 12 years in the industry?

No, this only at the point of joining 

Is there a membership fee?

No, membership is free.

Abby Buckland
Partner - Kingsley Napley

Abby is a Senior Associate in the Family and Divorce team who undertakes matters involving all aspects of private family law and in particular complex financial issues and private children cases.
 

Abby practices in all aspects of private family law, with particular expertise in cases involving:

  • Complex financial disputes often involving trust assets, family wealth or inheritance
  • Farming divorces
  • Pre and postnuptial agreements
  • All issues concerning the arrangements for children, particularly cases involving parental alienation, relocation within or outside of England and Wales and financial provision for children
  • International elements including;
  • International relocation (also known as leave to remove)
  • Cross border matrimonial disputes
  • Jurisdiction race

Abby gives clear, sensible advice and takes great care of her clients, working strategically and creatively to achieve the best possible outcome.

Abby is recognised as an ‘Associate to Watch’ in Chambers High Net Worth Guide 2019 and she is listed as a recommended lawyer in Legal 500 UK. She has been shortlisted as Woman of the Year - Rising Star in the Powerwomen Awards 2020. 


Emma Hargreaves
Barrister - Serle Court

Emma has a broad commercial chancery practice, with a particular focus on domestic and offshore trust/probate litigation, civil fraud, and company disputes.  She also advises and appears as specialist Chancery counsel in financial remedy proceedings. Emma is often instructed to act as sole counsel in cases in the High Court and the County Court. She is also regularly instructed as junior counsel in large-scale commercial and chancery litigation, both onshore and offshore, and has previously appeared (ad hoc) as junior counsel in the Supreme Court of Bermuda. 

Emma is ranked in Legal 500, Chambers UK Bar, Chambers Global and Chambers High Net Worth.  She was named Chancery Junior of the Year at the Chambers UK Bar Awards 2020 and she was also named in The Lawyer's Hot 100 2019, which described her reputation as "superb".  She is also listed in Legal Week's Private Client Global Elite: Ones to Watch and was  "highly recommended" in Legal Week's Stars at the Bar 2017.


Eesha Arora
Partner - Maurice Turnor Gardner LLP

Eesha advises individuals, trustees, beneficiaries and financial institutions on private wealth issues often involving international tax and trust matters.  She also advises charities and philanthropists and executors and beneficiaries in relation to probates.

Eesha focuses on personal tax for individuals including pre-arrival planning and the remittance basis.  Eesha is experienced in establishing bespoke asset holding structures for high net worth individuals, with a particular focus on non domiciles.

Eesha advises trustees and beneficiaries on complex trust law issues, charities on governance issues, philanthropists on grant making, and executors and beneficiaries on high value, complex probates.


Max Turnell
Barrister - 1KBW

A specialist family law barrister, Max’s work includes family finance (including TOLATA), divorce proceedings, private and international children cases and jurisdiction disputes.

He has advised and acted at all levels up to the High Court and is equally comfortable on his own and as junior counsel.

Prior to joining 1 King’s Bench Walk, Max held visiting lectureships in Contract Law and the Law of Trusts at King’s College London.


Hannah Davie
Director - Grant Thornton UK LLP

Hannah is an insolvency practitioner with 12 years’ experience of dealing with complex, contentious assignments; with an emphasis on fraud investigation, identification of assets, tracing exercises, enforcement of judgments and recovery of assets for those who have suffered financial loss or have a claim against another party.

Hannah’s focus is on assisting beneficiaries, trustees and representatives in matrimonial, family, trust and probate disputes. She works to find strategies that ensure the most appropriate action is taken in order to achieve maximum recovery. Hannah uses the Insolvency Act, such as liquidations, bankruptcies and court appointed receiverships, along with other civil legislation, as a tool to assist with investigation, asset tracing and recovery processes.

Hannah is supported by her corporate intelligence, forensic and valuation experts and colleagues internationally when instructed to identify and recover assets, including offshore trusts and corporate structures, with the goal of working seamlessly to achieve the best results for the client.

Hannah often acts on a contingent basis and regularly engages with solicitors, counsel, litigation funders and adverse cost insurers on similar terms to ensure the most appropriate action is taken, which is focused on the client’s individual requirements


James Cooper
Barrister - 29 Bedford Row

James practices in all areas of family law, with a particular specialism in financial remedy proceedings. He is frequently instructed in cases which feature complicated legal and factual issues, recently including void marriages, complex remuneration packages (such as RSUs and LTIPs), and nuptial settlements. He is recognised by solicitors for his careful navigation of technical issues and composed client care skills.

James has experience in being led by silks, both from within 29 Bedford Row and from other chambers. He has conducted conferences, settlement meetings, and hearings in these cases without his leader. He is instructed on appeals and the full spectrum of interim applications, and has appeared in the High Court.

In the year before joining chambers, James worked as a paralegal in the family department of Withers LLP assisting on several high value financial remedy cases.


Jennifer Dickson
Senior Associate - Withers

Jennifer is a senior associate in the divorce and family team.

She specialises in legal issues arising from the breakdown of a relationship.

Her practice encompasses financial remedy claims (both for married couples and unmarried parents), disputes about how children should spend their time, relocation cases and prenuptial and postnuptial agreements. Many of her cases have an international dimension or involve trust interests or complex corporate structures, and clients come from many walks of life – often they are high-net worth individuals and sometimes in the public eye, wishing to stay out of it.

Jennifer has been involved in supporting clients on a number of high profile cases – she worked with Diana Parker in advising hedge fund manager, Sir Chris Hohn, on the biggest divorce in the English courts, successfully protecting his business from division and defending his wife’s claim for 50% of the assets. The judge also agreed with Sir Chris that there should be certain reporting restrictions protecting financial and personal information (Cooper-Hohn v Hohn [2014] EWCA Civ 896).


Founding Committee

Abby Buckland
Abby Buckland Partner
Kingsley Napley
Emma Hargreaves
Emma Hargreaves Barrister
Serle Court
Eesha Arora
Eesha Arora Partner
Maurice Turnor Gardner LLP
Max Turnell
Max Turnell Barrister
1KBW
Hannah Davie
Hannah Davie Director
Grant Thornton UK LLP
James Cooper
James Cooper Barrister
29 Bedford Row
Jennifer Dickson
Jennifer Dickson Senior Associate
Withers

Upcoming Events

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On Demand
31 Mar 2021
Inter-Generational Wealth Planning: The Private Client Practitioner of the Future - Available Now

On-Demand Full Day Event 
With the old guard of HNWs passing on their wealth to the next generation, how should advisors adapt and change their approach when dealing with the next wave of HNW millenials and Generation Z


Find out more
Virtual
09 Sep 2021
What is in a Name? Changing Name & Title on Divorce: Comparing France, England, Italy & the US Approaches

Who has the right to the family name and title on divorce? Join us for a truly international discussion on this thorny issue. 


Find out more
Virtual
21 Apr 2020
Love Hurts: Divorce Proofing Inter-Generational Wealth Planning

Virtual Conference 12.00pm - 1.00pm Our inaugural HNW Divorce Next Gen event is now virtual. Registration is £10 per person and all proceeds will be donated to Refuge. 


Find out more
Virtual
18 Nov 2020
The Worldwide Webb: The Future of Trusts

Delighted to bring you the first joint event between ConTrA and TL4 Next Gen Wealth

Designed for Contentious & Non-Contentious practitioners alike. 

Bringing you an examination of the impact of the recent Privy Council decision in Webb v. Webb 


Find out more
Virtual
19 Nov 2020
TL4 Virtual Community X-Over

A unique virtual event bringing together HNW Divorce, FIRE and Private Client experts. We will be discussing how the various practice areas overlap with each other and how best to work across disciplines 


Find out more
Virtual
19 Jan 2021
HNW Divorce: Family Mediation Week

Taking place from 18-22 January 2021, Family Mediation Week aims to raise awareness of mediation and how it can help separating families manage their issues collaboratively and productively.

TL4 HNW Divorce is delighted to present 3 unique bullet sessions around mediation and ADR for HNW Divorce. 


Find out more
Virtual
05 May 2021
International Finance & Children Forum

Join 2 bullet sessions over 2 days to drill down into the latest developments in Finances & Children across HNW Divorce. 


Find out more
Virtual
12 May 2021
Planning for and Implementing a Divorce Award

Understand best practice in planning for enforcement at the outset of a divorce proceeding, as opposed to only at the point of award when the other side refuses to pay up. 


Find out more
On Demand
14 May 2021
Divorce: Understanding the Impact on Trustees, Beneficiaries & Other Fiduciaries

This is not a technical/legal session but we will instead be focusing on practical, ‘on the ground’ experiences.

Typically, these sorts of sessions focus on the legal impact of trusts on divorce but today we will be turning the telescope around and looking at the practical impact of divorce on trustees, beneficiaries and other fiduciaries.


Find out more
On Demand
04 Jun 2021
HNW Advisors Leadership Programme: Training and development for future leaders

Leading complex relationships, working through challenging strategy and training your professional mindset makes a good advisor. But what makes a great, trusted advisor? What skills do you need to become a well-rounded HNW practitioner to grow your niche and succeed?


Find out more
Virtual
29 Jun 2021
Vive la Difference! Is Family & Trust Law in Jersey more like the French or English?

With Jersey being geographically located between England and France, a panel of experts will explore how family law and trust law work in Jersey. Are they more like the French or the English system?

The panel will also look at finances on divorce, prenups, the law of cohabitation.


Find out more
Virtual
13 Jul 2021
Non, Je Ne Regrette Rien…..Tips & Tricks for International Pre & Post Nups: A Comparative English, French & US Perspective

A unique event summarising the approaches in England, France and the US. 


Find out more
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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.

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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.

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Foreign Divorces And English Remedies: A Review Of Recent Case Law

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.

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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.

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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. 

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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.

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HNW Divorce Magazine Issue 7 - 2021, Year in Review

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. 

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HNW Divorce Magazine - Issue 6 - Trusts, Intervenors & 3rd Parties

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. 

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HNW Divorce Magazine - Issue 5 - First Quarter: First Slice of 2021

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!

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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!

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Virtual Value Visibility Partnership

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

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HNW Divorce Magazine - Issue 3 - The Perfect Staycation Read…

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!

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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!

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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.

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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.

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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’).

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The Court System Under Strain

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).

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ArticlesWebinarsAdditional Materials
SAY “YES” OR TO SAY “OUI” HOW TO GET MARRIED AS AN INTERNATIONAL COUPLE

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.

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International Children Forum - Slides

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International Finance Forum - Slides

International Finance Forum - Slides 

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What a Difference a year makes - SLIDES

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

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29 Bedford Row Extends Community Partnership

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

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Capacity & Sexual Relations: A Radical Re-Assessment

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. 

 

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James Baldwin-Webb Joins Thought Leaders 4 as Private Client Partnership Director!

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.

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Brexit & Family Law Event Agenda

Brexit & Fmaily law event agenda 

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Chart Brexit - List of rules applicable in France after Brexit

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TL4 Cross-Over Case Study Overview for Attendees

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

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EU laws continue until at least 2038 and beyond

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. 

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TL4 X-Over Case Study

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.

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Cooking up a storm: The Privy Council’s decision in Webb v Webb

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

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Quickfire HNW Divorce: Hot Topics in Finances & Children - Event Slides

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

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Articles
War Stories on Pre- and Post-nuptial agreements

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.

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Articles
Hot topics in proceedings for financial provision after a foreign divorce (Part III)

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.   

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Articles
Family law leaves the EU:  the law on 1 January 2021

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. 

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Family law leaves the EU: the conjunctive or disjunctive interpretation resolved by EU guidance

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. 

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Articles
Claiming maintenance where the petition is based on sole domicile

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).

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Death & Divorce Full Event Slides

Event slides from Death & Divorce webinar

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Trusts in Divorce 6th July Event Slides

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

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29 Bedford Row Event Materials

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

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Cases Referred to in Trustees & Divorce Virtual Event

Crib sheet of cases referred to in recent virtual event

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

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)

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Unmarried Couples & Schedule 1 Event Materials

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

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

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. 

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Articles
How far does the Split reflect the Family law reality

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.

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Articles
Splitting Finances on Divorce

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.

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Articles
Attacking and defending (pension) trusts in divorce

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.

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

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.

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Articles
Enforcement of Matrimonial Orders and potential funding options

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.

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

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.

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Articles
Coronavirus’ impact on HNWs advice

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.

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

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? 

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

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

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Articles
Child abduction during the Coronavirus Pandemic

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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Articles
Should Children be Moving between their Parents’ Homes during the Coronavirus?

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.

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Articles
Couples to be able to ‘Tie the Knot’ over Zoom

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.

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Articles
The Heartbreak of Grandparents during Coronavirus

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. 

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Articles
Trustees and Divorce: Navigating Stormy Waters

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

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Articles
Ways of Protecting Family Wealth on Divorce

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.

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Articles
Out-Of-Court Resolution: DR in the Corona Virus Environment and Beyond

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.

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Articles
Coronavirus in the Family Law arena

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.

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Articles
More Skype hearings prompted by the Coronavirus outbreak

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.

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Articles
Potential Psychology and Emotional Challenges in HNW and UHNW Divorce

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.

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Articles
Will Marriage Story spark a debate about Family Justice?

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.

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Articles
Potential Psychology and Emotional Challenges in HNW and UHNW Divorce

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.

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Articles
HNW foreign divorces with a Jersey connection

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...

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Articles
Matrimonial Proceedings - Insolvency Considerations

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.

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Articles
How to enforce a prenuptial agreement

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’’.

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Articles
The Coronavirus and Family Law

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.

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60 seconds with
60 Seconds with Jane Keir

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. 

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Articles
Disclosure in Financial Remedy Proceedings: no Longer a “Cheater’s Charter”?

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.

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Articles
Child abduction—use of the 1996 Hague Convention as opposed to the inherent jurisdiction (Re I-L (children) (1996 Hague Child Protection Convention—inherent jurisdiction)

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.

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Articles
Using Arbitration to settle Family Disputes – less Hollywood, more Privacy

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.

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Divorces, Death and dealing with the Deceased Estate

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...

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Cryptoassets and Divorcing a ‘Cryptoqueen’: Part l - Identification, Valuation and Preservation

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?

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Gender identity and UK family law: Reform is needed

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

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60 seconds with
60 Seconds with Bill Hewlett

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

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60 seconds with
60 Seconds with Nick Holland

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. 

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60 seconds with
60 Seconds with Laura Rosefield

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

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Contact Us

For any questions relating to Next Gen please contact Paul on 020 7101 4155 or email paul@thoughtleaders4.com