Finance

The team can assist in all areas that concern family finance from the straight forward division of marital assets to the complex dissemination of family owned assets on divorce (including overseas dynastic family trusts, family businesses, third party owned assets and international assets).

What sets the team apart from other family barristers is, firstly, our friendly, warm, client based approach; and secondly, our team consists of barristers who practise in criminal law and are able to assist in cases involving the police or CPS (such as where assets are subject of restraint orders or one party is subject to criminal proceedings).

The team covers the full spectrum of matters relating to the breakdown of a relationship, or married and unmarried couples and those in same sex civil partnerships. We also represent third party interests in the financial proceedings (including the CPS). The team can assist in arbitration, mediation, court proceedings or advice generally.

We have a proven track record in acting in family disputes involving high net worth and international individuals, disputes involving offshore assets, family trusts, complex tax structures, private and publicly listed companies, limited liability partnerships, landed estates, inherited and pre-acquired assets, and pre-marital agreements.

Financial Provision following divorce issues:

  • Multiple Businesses
  • Schedule 1 claims
  • TOLATA
  • Trusts
  • Pensions
  • Concealment of assets
  • Inherited Wealth
  • Interveners
  • Variation
  • Enforcement
  • Freezing Orders
  • Search orders
  • Farming
  • Contested Divorce
  • Inheritance Act
  • Professional Negligence in context of Financial Provision


Independent settlement solutions by 3PB’s specialist Finance Team

The family court process has become more streamlined and many cases are now resolved with fewer hearings, the most pivotal of which is the FDR (Financial Dispute Resolution) hearing. This hearing provides both guidance for future conduct of the case and opportunity to advance/settle matters where appropriate.  The success rate at these hearings is good so demand is therefore high.

Advantages of the service

The family team at 3PB are pleased to offer a service which is designed to work in tandem with this system.  Our experts can now offer Early Neutral Evaluation which is a private form of FDR hearing, held either in chambers or a venue of your choosing.

The many benefits include:

  • Cost effectiveness
  • Limited delay
  • Greater flexibility with dates
  • Private FDRs can be conducted at any stage during the court process
  • Choice of venues to suit all parties
  • Unlimited range of issues which can be dealt with at once.

The scheme we offer is voluntary and is designed as a bespoke enhancement to the court process (it also potentially saves time for the Court).

How it works

The actual process of the private FDR is almost identical to the current court process. At the initial FDA (First Directions Appointment) the parties indicate their intention to attend a private FDR. The court will be asked to list the case for a 1 hour Directions Appointment after the private FDR so that the court can either approve the agreement or give final directions for hearing.

What this means for each party is that the papers in each individual case are considered prior to the hearing, with each person having representation by a lawyer if they wish. Anything discussed during the meeting will be without prejudice so cannot be referred to at future hearings. Without prejudice correspondence will also be considered at this stage. Guidance is given as to the likely range of outcomes, potential strengths and weaknesses of each case as viewed on the day and how the parties can move forward and settle their case.

If settlement is achieved, Heads of Agreement are drawn up and at the later Directions Appointment the court is asked to approve a consent order, which will be binding on both parties in the usual way.

Advantages

This private mediation scheme is proving hugely successful in UK courts.  The advantage over the court process is that each individual case is the only one considered on that day, giving each party the time and space needed to consider all the points at what is often a difficult and stressful time. It is also likely that a more speedy hearing date will be agreed rather than the usual listings in some London courts. 3PB has six UK offices so can offer a suitable venue for meetings or can travel to any venue to suit our client.

For an informal and confidential discussion on how 3PB’s Finance Team can assist, contact Rob Leonard or Ian Charlton on 0330 332 2633.

Family Arbitration

3PB offer family arbitration as part our modern case resolution options.  For clients seeking to avoid the delays and standardization of the usual court process family arbitration offers binding decisions in a more bespoke fashion.

For full details of the scheme itself please click here. For information regarding our arbitrators please speak to Rob Leonard or Ian Charlton on 0330 332 2633.