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

Thu 11 May 2017

The Lowry Hotel 50 Dearmans Pl Manchester M3 5LH

Answers to 11 Thorny Questions: Directly from 8 Cream-of-the-Crop Lawyers

5hrs CPD

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  1. Registration and coffee

  2. Chair's Introduction

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

    Chaired by: Ros Bever of Irwin Mitchell

    Ros has "achieved monumental success", acting in high-profile disputes and complex money cases. She was shortlisted for the Jordan’s award of Family Law Partner of the Year.

  3. 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: Andrew Newbury of Hall Brown

    Andrew is "the man to go to in town – he is the future of matrimonial finances". He writes leading columns for The Law Society Gazette, Resolution Review and Family Law.

  4. ​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: Martin Loxley of Irwin Mitchell

    Martin is “as experienced as they come” - “absolutely fantastic” - “an undisputed leader”. He is “extremely skilled at giving balanced advice in highly emotionally charged situations”.

  5. Morning coffee

  6. ​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: Abigail Bennett of St Johns Buildings

    Abigail is a Deputy District Judge; she is frequently asked to sit in the most complicated money cases. "She is totally in command and instils real confidence in the client".

  7. ​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.

  8. Over-run

  9. Lunch

  10. ​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.

  11. ​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: Francesca Fothergill of St Philips Chambers

    Francesca is renowned nationally for her expertise in cases relating to inherited wealth. She is a "first-choice lawyer" who is "excellent at grasping the intricacies of cases".

  12. 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: Emma Collins of Weightmans

    Emma is "first class for money work". She is a regular contributor to publications such as "Kelly's Draftsman" and "Resolution Family Law Handbook".

  13. Over-run

  14. Close of conference

** All speaker quotes are taken from Chambers Directory, Who's Who Legal and Legal 500

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