Family/Divorce Articles

How Not To Litigate

Some of you may have read about the long running saga that was widely reported in the press: Young vs Young.

On 27th February, the Law Commission published a report about Matrimonial Property, Needs and Arrangements and immediately thereafter there was a mass of reports in the media celebrating what they were heralding as being the validation of pre-nuptial agreements. Slightly premature in my opinion.

Now that things have calmed down a little and we have all had time to digest the report, I can finally tell you what the real position is.

A Wealthy Divorcee Sues Her Solicitors for Negligent Representation

A wealthy mother has claimed her multi-million-pound divorce settlement was far smaller than it should have been because her solicitor, John Seigal of Clintons, was negligent and is now suing the firm for up to £15million!

Caroline Mathiesen, has told the High Court that Mr Seigal failed to stop her ex-husband from utilising £2million a year from the family business and allegedly showering the profits on his children from a former marriage and his new partner.

Divorcing husbands with businesses beware; Supreme Court orders Oil baron husband to give wife substantial share of his business assets in his divorce settlement!

This week, the Supreme Court overruled the recent Court of Appeal’s decision that dis-allowed a wife to obtain a significant portion of a husband’s company (Petrodel Resources Ltd & Ors v Prest & Ors). What was an amazing outcome for husbands going through a divorce, has now been back tracked.

When things eventually come to the ‘crunch’, when all the talking is done, inevitably divorce proceedings are issued and you are immediately faced with the overwhelming task of dividing your matrimonial assets with your soon to be ex-spouse, in order to achieve the right financial settlement for you. Where do you start?

When things eventually come to the ‘crunch’, when all the talking is done, inevitably divorce proceedings are issued and you are immediately faced with the overwhelming task of dividing your matrimonial assets with your soon to be ex-spouse, in order to achieve the right financial settlement for you. Where do you start?

Established trusts have been successfully used in recent divorce cases to achieve favourable outcomes for divorcing husbands – the recent case of Petrodel Resources Ltd & Ors v Prest [2012], being an example. However, in this case, we have a clear and obvious example of trusts being used for tax efficiency reasons, but where they have resulted in a husband losing significantly in his divorce settlement.

A staggering £15 million divorce settlement brought to an end this widely publicized divorce case which has been going on for the past four years.

According to the Legal Ombudsman, some solicitors are failing to advise clients who are getting divorced to settle their courtroom battles before costs rise out of control because of the "emotional rawness" of those involved.

The Legal Ombudsman’s report claims that nearly a fifth (18%) of the 7,500 complaints resolved last year involved divorce or family law-related cases, making it the most complained about area of law in England and Wales.

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