Matrimonial Finance: Shaping New Law into Solution-Focused Advice for Clients

Chairman's Introduction

Matrimonial Finance: Shaping new law into solution-focused advice for clients

Chaired by: Michael Sternberg QC of 4 Paper Buildings

Michael is a "financial remedy expert". He is "proactive, thinks outside the box and comes up with creative solutions to difficult problems". He is "everything one could ask for in a QC".

​Post-separation accrual

How do you balance "endeavour" and "chance" when advising on post-separation accrual of income and capital (wealth), e.g. bonuses, the increase in share value of companies, development work on a property etc.?

Answered by: Philip Cayford QC of 29 Bedford Row

Philip is one of the most sought-after finance silks. He is a "class act" - "just superb in court". He is editor of the FLBA's magazine and contributes to the Supreme Court Yearbook.

​Difficult finances

How do you protect a client faced with a spouse in difficult financial circumstances, e.g. pending bankruptcy or IVA or mortgaged to hilt with money lost on failed ventures?

Answered by: Madeleine Reardon of 1KBW

Madeleine is "phenomenal" - she sits as a Recorder and is Co author of "A Practical Approach to Family Law" and "Child Care Law: A Practical Guide".

​Setting aside agreements and orders

In what circumstances will the court set aside agreements and orders, because of (1) dishonesty or material non-disclosure, (2) bad legal advice, or (3) significant change in circumstances?

Answered by: Leslie Samuels QC of Pump Court Chambers

Leslie is known for his substantial financial remedies practice. He sits as Deputy High Court Judge in the Family Division and Chairs the FLBA's Money & Property Sub-Committee.

​Lifestyle and "need"

How does the marital lifestyle of the parties frame "need", e.g. if the parties were financially cautious and accrued wealth due to frugality?

How does the marital lifestyle (of a father) frame the need of a child born to a 3rd party woman?

Answered by: Samantha Hillas of St Johns Buildings

Samantha is "meticulous, efficient" and has a “fabulous reputation” for her matrimonial finance practice. She acted for Mrs Gohil in the landmark Supreme Court case.

​Pension splitting

Is there a right or wrong answer to how you split pensions on divorce - or is it merely a question of common sense in the financial circumstances?

Who is most at risk?

Answered by: George Mathieson of Mathieson Consulting Limited

George advises solely on pensions and divorce: in more than 1,000 cases over the past 10 years. He is undertaking the first research paper into how the Courts are treating pensions.

​Equality

When will a court depart from equality because of pre-marriage acquired wealth or wealth inherited during the marriage?

What if (1) the marriage is lengthy and there are no minor children or (2) the parties are near retirement and there are adult children from previous relationships?

Answered by: Frank Feehan QC of 1 KBW

Frank is a "High Court performer of the first water". Creative and a master strategist, he "always finds interesting angles of arguments and causes problems for the other side".

​Maintenance for older children

How do you approach clients seeking maintenance for older adult children through tertiary education (to a point when they become financially independent)?

What if the children apply for themselves, not through the spouse?

Answered by: Christopher Miller of Fourteen

Christopher has "vast experience and a superb reputation as a family finance advocate". He "offers clear, thoughtful and persuasive advocacy and is a dream to work with".