Some recent, and surprising, court decisions from offshore jurisdictions, namely Bermuda and Jersey, demonstrate the fluctuating levels of cooperation that the English family courts can expect to receive in divorce cases.

In English divorces when there are offshore assets, often held in offshore trusts, it is common for wives to meet with resistance when they try to find out information about those assets or trusts from their husband.

One way of remedying this is by issuing Letters of Request. These are letters from an English court to the appropriate authority (usually a court) in the other jurisdiction requesting information about the assets or trusts held in that country. The letter is written by your solicitors, who then apply to the English court for its approval and to request that it is sent. The English court can, and frequently does, amend the content of the letter.

After receiving the letter the authority in that other jurisdiction can choose to do three things: Continue reading »

“Our society in England and Wales now urgently demands a second attempt by Parliament, better than in the ill-fated Part II of the Act of 1996, to reform the five ancient bases of divorce; meanwhile, in default, the courts have set the unreasonableness of the behaviour required to secure the success of a petition on the second basis, namely pursuant to s.1(2)(b) of the Act of 1973, even when defended, at an increasingly low level.” – Wilson LJ in Miller Smith –v- Miller Smith 2009 EWCA 1297

Stowe Family Law represented the successful husband in this case. The judgment of the Court of Appeal, heard before the President and given by Lord Justice Wilson, was handed down today. I will not of course discuss the specific facts of the case and nothing that follows does so. But, on a general note, Miller Smith is a useful example of alternative options available to deal with the financial problems caused by a defended divorce.

In such cases, finances cannot be dealt with in the usual manner, as the brakes are firmly applied until the divorce is out of the way, which could take a very long time. What is one party to do, who wishes to move on with his or her life and finds themselves apparently stymied?

Continue reading »

 As solicitors, one of our most important functions is to supply excellent advice at all times.

Three of our trainees have recently qualified as fully-fledged solicitors. Liz Bell, Sarah Barr-Young and Eleanor Webster (left), together with Andrea Essen, Claire Glaister and John Moore, have launched a free “Legal Clinic”, which mimics the free legal clinics that I used to run. Every Monday evening they offer appointments of 20 minutes apiece, providing complimentary legal advice on family and matrimonial matters. The clinics have already proved very popular.

I enjoy a weekly session with the Legal Clinic lawyers, called Think Outside the Box. Over coffee, we discuss the advice given at the Clinic. Why was it the best advice? What were the choices? I like the younger lawyers in the team to consider situations from various perspectives, come up with a range of advice and choose the option that suits the client best. 

This week, Liz Bell discussed her recent cases at the Legal Clinic. One case stood out; we discussed the advice she had given, and I suggested that she write a guest post. I hope that her advice – with which I concur – proves useful to readers. Continue reading »

I was interviewed for a feature in The Mail on Sunday’s YOU magazine, which focused upon “amicable” divorces that descend into bitter battles. I would like to emphasise that not every spouse behaves badly during a divorce; however, some interesting points are made. The feature was published on Sunday 13 September.

Divorce or destruction? When relationships reach the bitterest end

Ending a marriage is never easy – but what happens if the man you once thought was the love of your life turns out to be your worst enemy? Anna Moore looks at the devastation that can be caused when divorce gets messy…

Though Caroline Spencer may be baffled and bewildered by her former husband Earl Spencer’s behaviour during their divorce proceedings this summer, there will be other ex-wives across the country feeling a sorry shiver of recognition.

First, the earl woos and marries Caroline, telling the world, ‘I’ve found somebody I respect and love and I feel deeply happy.’ Then the couple settle into an enviable life, dividing time between their canalside home in Northwest London and the Althorp estate in Northamptonshire, where Caroline soon makes her mark with an annual literary festival.

After the birth of their son, Ned, Caroline declares herself ecstatic, telling one journalist that every day she feels ‘blessed’. When asked about the earl’s track record – his previous messy divorce which ended amid accusations that he was a ‘callous adulterer’ – her reply is unequivocal. ‘I can’t think of anyone less callous,’ she says. ‘Strong, determined, all of those things. But never callous.’

Words that must haunt her now.

Continue reading »

Some spouses go prepared.

A Financial Dispute Resolution (FDR) is a court appointment during which a divorcing couple can be helped towards a financial settlement. I usually welcome these hearings, but with new costs rules in place I have noticed an uncomfortable trend.

A typical FDR proceeds as follows. After an application has been issued to the court and formalities such as financial disclosure have been complied with, the parties are given the opportunity to settle the case on a “Without Prejudice” basis, similar to mediation.

A judge hears the parties in a courtroom – in most cases, this is a small private room – and attempts to effect a settlement. The parties are not called upon to give evidence, but listen to the arguments advanced on their behalf. The judge will have read the details of the parties’ respective positions beforehand. The judge indicates how the case is likely to play out, and the parties then go away to try and reach an agreement between themselves.

A successful outcome means that a couple can walk away from court ready to begin new lives. An unsuccessful outcome means that the case continues. When this happens legal costs will mount and several months later, a battle will be fought out in court. The cost, stress and worry of such a battle should never be underestimated.

Continue reading »

I often see clients who are looking for second opinions on their cases. Many of them have started off with local solicitors, or solicitors they have known for many years. Typically, such a client had been brimming with confidence at first, and had been assured that family law was straightforward.

After a few months, however, the client will have found themselves no further forward in their divorce, and cannot see a way out. Frequently the only practical advice given to them is, “let’s look at a settlement when we know the whole picture”. Bogged down in paperwork which purports to give “the whole picture” when it doesn’t, they begin to despair. The solicitor remains reluctant to give advice about what settlement should be in the offing. With the process dragging on, costs are mounting.

I don’t wish to blow my own trumpet, but family law is much more complex than it may appear to be at first sight. I make this point to lawyers rather than clients, because lawyers tend to think it is a relatively easy field of law. It isn’t.

I met one such client this week. He has been having sleepless nights and fears that there will be nothing left after his wife – whose solicitor certainly knows what he is doing – has finished with him.

So what goes wrong? In my opinion there are two important factors, which people should know about before – rather than after – they embark on divorce proceedings.

Firstly, Continue reading »

Or, as we lawyers put it, the “Objective of the Court in financial arrangements is to achieve an outcome which is fair”

Two round trips to London in the lasts seven days has involved two 5am starts, four train journeys, and a stimulating but challenging work schedule in our vibrant capital.

I enjoy London very much- particularly the buzz of the lawyers rushing up and down Fleet Street and Chancery Lane into and out of the nearby courts offices and barristers chambers. I love the wine bars and coffee houses the lawyers gather in and above all I am fascinated by the history of this glorious city, still obvious in the “old world” buildings and street names. As a lawyer I’m so proud to take part in this daily spectacle, but also very glad to be able to escape back to the hills of Yorkshire to breathe the fresh air and saturate the sight of the cherry blossom during an hour’s early morning run on the lush green “Stray” in Harrogate, before starting work at Stowe Family Law in a former Victorian Court House, overlooking another tiny, but pretty park.

  Continue reading »