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Family Law 2019 Conference
Thursday 24th January, Copthorne Tara Hotel
9.25am Morning Sessions - Chaired by Suzanne Kingston, Partner, Withers
Litigation Funding in Financial Remedy Proceedings - what to look out for and why
George Williamson & Katie Alexiou, Level
9.30 Review of recent and upcoming financial remedy cases and what advice you
need to give clients,
Laura Heaton, 29 Bedford Row and Suzanne Kingston, Withers
10.15 Private Children law developments.
Mark Twomey QC, Coram Chambers and Charmain Hast, Wedlake Bell
10.50 Morning break
11.10 Trusts in Divorce,
Harry Oliver, 1KBW and Barbara Corbett, Corbett Le Quesne
- How can local courts help in the process?
- Court remedies to overcome trust problems (especially offshore jurisdictions)
- The position of trustees in divorce proceedings (info requests, giving evidence)
- Dealing with matrimonial orders (variations, sham, firewall findings, offshore trustees and enforcement)
11.50 Tricky areas in dealing with Family Farm Divorces,
Michael Glaser QC, Fourteen & Caitlin Jenkins, Partner, Mills & Reeve
- Inherited wealth and how that is treated
- Understanding family farm business structures.
- Role of Trusts farming cases
- Proprietary estoppel
- Recent cases
12.30 Developments in Spousal Maintenance (Q&A Session) with
Andrzej Bojarski, 36 Family and James Riby, Charles Russell Speechlys
1pm Lunch (Message from the conference sponsor - Rachael Howitz)
1.45pm Afternoon Sessions - Chaired by Elizabeth Hicks, Partner, BCLP
Tricky areas in company and property law the family lawyer needs to know.
- Present company excluded: Company law issues for the family lawyer (Mike Horton, Coram Chambers)
- Reap what you sow? – A farming and property update for the urban lawyer (Greg Williams, Coram Chambers)
2.30 Practical issues in dealing with “gaslighting”
- Key characteristics of gas lighting
- What to do if your client is a victim of gaslighting
- What to do if your client is accused of gaslighting
- What is the relevance of gaslighting within divorce
- Practical steps to help your client through this issue
Katherine Rayden, Rayden Solicitors & Sara Davison, The Divorce Coach
3.15 Afternoon break
3.30 Dealing with the rise in elderly people divorcing,
Miranda Allardice, Five Stone Buildings and Fiona Wilson, Goodman Derrick
- Mental Capacity to marry and divorce
- Pre-nups for the elderly prior to a late marriage
- Provision for the surviving spouse on death
- Tax & Life interests
- Funding separate retirements
- Pension issues
- Releasing capital
- Duxbury v Ogden & ill health
4.15 Strategies and practical application for ringfencing inherited wealth,
Tamasin Perkins and Nicola Thorpe, Charles Russell Speechlys
- Key structures to protect inherited wealth
- Ring-fencing different type of assets
- What you need to ask the client
- Trusts: onshore and offshore, jurisdiction shopping to protect wealth, comparing firewall provisions in different jurisdictions
- Considering the bigger picture: other claims against trusts
- Ways of attacking trusts on divorce: is the settlement nuptial? Is it a resource of the marriage?
- Protecting assets from attack on divorce: how to create a settlement which is not nuptial, what to say in the pre-nup, limiting
5pm Close of conference
2pm Workshop = Dissipation, Evasion and Third Party Rights
Nicholas Trompeter, Selborne Chambers
Topic discussed -
“The Family Division applies precisely the same principles, and in precisely the same way, as the Chancery Division, or for that matter the Queen’s Bench Division …” So said Munby J inWhig v Whig.
This interactive workshop session will consider some of those principles, in particular, relating to freezing injunctions, proprietary injunctions, and third-party property rights. These often crucial facets of financial remedy proceedings may have a significant bearing on the availability of assets for distribution at the end of the day.
3.30pm Workshop = Practical pre-nup and separation agreement drafting
Ella Calnan and Phillip Blatchly, Fourteen
Not all premartial agreements are created equal... But what distinguishes a well-drafted prenup from a poor one? The difference is critical, should a court ever have to consider the weight to attach to it.
Presented in a workshop-style, this seminar will equip practitioners to ensure their prenuptial contracts stand the best chance of determining (or at least influencing) the outcome of financial remedy proceedings. We’ll look at an example of a defective, imprecise prenup and discuss what might be done to improve it. We’ll also consider the present state of the jurisprudence on prenups in financial remedy proceedings, and discuss some drafting tips and traps arising.
By the end of this session, you’ll have a better eye for distinguishing a decent prenuptial agreement from an inadequate one. You’ll be more confident in drafting agreements tailored to your clients’ circumstances and needs, and which maximise the likelihood of the court attaching significant weight to them when making a final financial order.