We understand that, when experiencing a relationship breakdown, you will likely need supportive advice. Our first approach is to consider your needs and then see whether we can reach an amicable / “civil” agreement with the other party, possibly through mediation or the adoption of a collaborative law approach, undertaken by our specially trained lawyers.
We will discuss the benefits of family arbitration, which is increasingly encouraged by courts to deal with family law issues and of which we are great advocates, hopefully sparing any unnecessary cost and stress to all involved.
GUIDANCE AND ADVICE
Should the need arise, we can guide, advise and rigorously pursue court action on your behalf.
Many of our clients have complex financial arrangements, including business and inherited assets, trust funds and assets in other jurisdictions. We structure a settlement that works for all concerned.
We are also conscious that there are likely to be tax consequences, depending upon how any settlement or court order is structured, so with our expertise, experience and access to our wider commercial team we endeavour to mitigate your tax consequences.
In relation to financial issues, we will work with you to establish the true value of all the assets, including any held within businesses, trusts or offshore structures, to provide you with the necessary advice in relation to your rights and potential obligations.
We can assist you in the recovery of assets or to defend claims if one party claims assets have been dissipated with the intention of defeating a claim.
In relation to children, we can help you with child arrangements orders, including removal from the jurisdiction applications. For cohabitees, we can assist you with applications seeking financial provision for a child. Again, in both of these matters we believe in mediation and arbitration as the first lines of approach.
WE ASSIST, GUIDE AND
We can advise on your current position or act on your behalf in the application or response to divorce proceedings.
The Courts’ general approach is that parents are based placed to resolve matters relating to their children but sometimes this is insufficient. We can advise you as to your current position and assist in the making of an application as a parent or another member of the family, such as a grandparent.
We can assist you with custody and spending more time with your children, having them live with you, your children’s education, and the relocation of a child.
If you are subject to emotional or physical violence then you do not need to suffer in silence and should obtain advice on your rights and the protection available.
There are limited financial rights and obligations between cohabitees. We can provide legal advice so that you understand your legal position and the claims which might be successfully brought or defended.
Whilst, for some cases, court proceedings might be the only option there are an increasing number of clients who wish to resolve matters through other dispute resolution forums. If your relationship has broken down, we can assist you in resolving matters either by agreement, referral to mediation or, if contested, by applying to court, by use of the collaborative law process or by family arbitration.
There are also other options including Fourway Meetings (with the other side and their lawyer), coming to an agreement with the assistance of a Collaborative Lawyer, and Arbitration.
Our team here at EMW can advise you about the merits of each of these methods to determine what works for you and your family circumstances.
We pride ourselves on being pragmatic, proactive and approachable. Clients frequently comment on our clear communication.
We aim as a team to present issues in a way which is simple to understand and without jargon.
We will assist you in achieving a financial settlement that meets both yours and the needs of your family.
We can advise you on your assets both in the UK and abroad, including company assets, assets held in trust, and provide advice of the likely matrimonial claim, and how it can be met.
There are occasions where you may need to take immediate action to preserve the matrimonial estate and to prevent another party disposing or dissipating the matrimonial or business assets, including transferring assets outside the jurisdiction.
We can advice, guide and create suitable Cohabitation Agreements to protect any funds you are investing in a property for yourself, or into a property for a child or grandchild, should the cohabitation break down and the property have to be divided.
Pre and post nuptial agreements are increasingly common for couples who wish to preserve pre-acquired assets, whether arising from inheritances, business asset or from family wealth.
The courts are prepared to recognise properly drafted and executed nuptial agreements, provided certain basic conditions are followed and that the agreements consider the needs of the parties and the family. When discussing these agreements with you we also look at ways in which any future claims could be met whilst preserving the core assets.
Even if the court do not ultimately uphold the entire agreement the existence of the nuptial agreement is still likely to sway the court. It is important that any nuptial agreement is reviewed on a regular basis, particularly if there are any significant changes in family circumstances.
Thank you and the rest of the team for your help and hard work you have put in through this past 18 months or so. We are extremely grateful for your meticulous attention to detail and guidance you have provided.
This is an exciting and strategic acquisition by MHA MacIntyre Hudson to expand its service offering. It has been a pleasure to advise them and we look forward to working together again in the future
The EMW team provided us with professional and invaluable support and guidance throughout the transaction process and I would like to thank them for their hard work and diligence. We look forward to continuing to work with them as we move to phase two for Invu Plc.
The wills surgery session was very good and very informative. It has given some things to think about!