Financial Remedies and Family Property

Chambers stands out in the field of financial remedies on divorce and civil partnership dissolution for the experience and skill of its practitioners in dealing with disputes arising from relationship breakdown with substantial assets, family businesses, pensions, share options, corporate and other trust structures of both a domestic and international nature. Our members are regularly instructed in cases involving parties of high net worth.

Specialist financial remedy practitioners at Deans Court take a practical approach and recognise the importance of enforcement. Our team is experienced at preserving assets by means of section 37 injunctions, worldwide freezing orders (Mareva injunctions) and search orders (Anton Pillar orders) and enforcing court orders by judgment summons and other means.

Our practitioners regularly appear in financial disputes between cohabitees, principally in relation to the ownership of the family home under the Trusts of Land and Appointment of Trustees Act 1996 (‘ToLATA’) but also issues arising from joint ownership of other assets.

We know that, in the uncertain world of relationship breakdown, clients seek as much certainty as is achievable. We are experienced in advising on and drafting pre-nuptial and cohabitation agreements as well as post-nuptial agreements and deeds of separation.

Increasingly cases about family property arise not just as cohabitation disputes but between parents and their children, between siblings and between other family members. We bring the practical sensitive problem solving approach of specialist family counsel to the application of difficult principles of constructive and resulting trusts, proprietary estoppel, and equitable accounting.