Financial Remedies
The law on financial provision between separating parties changed radically following the landmark case of Mr and Mrs White. We acted in this case and consequently have detailed knowledge of the consequences for husbands, wives and civil partners.
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"Payne Hicks Beach are arguably the strongest family law firm in the country, providing enviable strength in depth in both financial and private children law areas"
Unravelling a couple’s financial affairs on divorce or separation requires careful analysis and forensic skill. Often with an international dimension, our team are highly experienced in dealing with families with multifaceted, complex financial arrangements, frequently involving offshore corporate structures/trusts/entities and non-UK situs assets.
We are able to advise on all aspects of financial remedy claims including, but not limited to:
- Disputed nuptial agreements (to include matrimonial property agreements);
- Negotiating a conventional financial settlement on divorce;
- Securing payment of legal fees from the other party (Legal Services Orders);
- Securing interim maintenance (“Maintenance Pending Suit”);
- Fully contested financial remedy proceedings;
- Variation of Maintenance applications;
- Part III applications (applying to the English Court for financial provision after a divorce that has taken place overseas); and
- Enforcement proceedings.
Having identified and valued the financial resources, often in the context of a quasi- collaborative process if matters can proceed consensually, if at all possible our aim is to keep our clients away from the under-resourced, protracted and, potentially, public court process and to explore avenues for resolution which provide for confidentiality, bespoke financial outcomes, a costs proportionate process and speed of resolution. There are a number of Alternative Dispute Resolution (ADR) options available and we will explore these with you. Our approach is tailored to meet the particular circumstances of your case. We are experienced in engaging in a wide range of ADR regimes that include:
- Inter solicitor negotiation;
- All party meetings;
- Mediation;
- Private Financial Dispute Resolution (FDR) Appointments (by agreement and completely outside the court process, hiring as a private tribunal a senior barrister or retired High Court Judge to hear the case as if it were in court and to steer the parties towards settlement); and
- Arbitration.
In our experience, the vast majority of cases are capable of resolution without recourse to the courts. In the event that it is not possible to resolve matters without an application to the court, we are skilled and seasoned litigators used to appearing in the Family Court and securing the best possible outcome for our clients.
We regularly appear before all levels of judges, including regular appearances in the Court of Appeal and, on occasion, taking cases to the Supreme Court. We have excellent relationships at the bar and are able to secure the highest level of representation should it prove necessary to take the matter to Court.
We understand that dealing with the financial unravelling of a marriage can be extremely stressful and our team will listen carefully to your views and advise you clearly and realistically on the likely approach that a court will take.
With top ratings in Chambers UK, Chambers HNW and The Legal 500 UK guides, the Family Team is recognised as frequently advising in some of the most high-value and high-profile matrimonial finance cases in the market, including cases involving complex international aspects.
The Family Team at Payne Hicks Beach is ranked in Chambers HNW 2023. The directory writes that “Payne Hicks Beach has a highly esteemed family law department which regularly handles high-value and sophisticated matters.” “They are uniformly first rate, from the technical ability of more junior team members with day to day responsibility on a case, to the deep experience and strategic thinking offered by the partners and more senior associates.” “PHB are absolutely excellent. They are all extremely competent, and can handle really big cases without being fazed by anything.” With rankings over many years in Chambers HNW, testimonials include “They’re as good as you’ll find; they’re a class act,” says a source, explaining: “They have a lot of depth to their practice. They all have great experience and are very good to deal with.” Another comments: “They are a fantastic group of lawyers. They provide excellent advice to clients, and they have strong expertise in a range of areas. They really invest in their clients; it’s a real pleasure dealing with them.”
The Legal 500 UK 2023 describes Payne Hicks Beach LLP as a “top notch firm that does A list work for the most influential, successful and high profile clients.” The directory expands to say that “the department is ‘outstanding’ and garners praise for its specialist advice on the full spectrum of complex family law issues often with an international dimension for high-profile individuals, entrepreneurs, UHNWs and others including members of international Royalty” and recognises that the team “is frequently instructed in cases that go to the Supreme Court and the Court of Appeal.” “Overall it is a ‘class act with a team of great lawyers who know exactly how to run the big, difficult litigation but never lose sight of what the client wants’.” One source comments: “The PHB family team has exceptional experience of the most complex international family law disputes. Very few other firms have this level of experience. Hand-in-hand with this the firm delivers a very personal service, giving clients the assurance that both their case and their welfare are being cared for with utmost attention.”
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