How we can help

Belinda Hornsby Cox is at the heart of our Family Department and has been since she became a partner more than 20 years ago. Clients are instantly made to feel at ease, safe in the knowledge that they are in the very best of hands and being given the emotional and practical support, they need. Quality legal advice is a pre-requisite.

The breakdown of any relationship is difficult. We are acutely aware of the emotional challenges and financial worries facing those going through a divorce or separation. We know how important it is to minimise conflict in any relationship breakdown in order to achieve a fair settlement or agreement. That is why we adopt a collaborative approach when it comes to looking after our clients during the most trying of times, and encourage non-court dispute resolution (NCDR) such as mediation or collaborative law where possible as an alternative to court proceedings.

It is almost always preferable that separating couples reach agreement outside of court through communication and negotiation and / or use NCDR in order to achieve the quickest and most certain outcome for both parties.

Experience

Not only do we advise clients based across England but are often instructed by clients who work abroad, frequently travel for pleasure or reside internationally. In recent years this has included clients residing in the Caribbean, Africa, Asia and Europe.

Some of our clients have assets overseas. We have expansive links to solicitors and advisers internationally who we can rely upon to obtain the necessary information and advice.

As with our private clients, those who instruct us come from all walks of life. No one family or individual is the same.

Be assured, that when necessary, we robustly protect and defend our client’s interests and have experience in advising clients in respect of non-disclosure, dissipation of assets, trusts, family wealth, gifts. inheritance, family businesses, complex valuations related to private equity investments, significant and complex tax issues and liabilities, indemnities and arguments relating to nuptial agreements.

We frequently advise clients in relation to maintenance for their children which may also include claims under Schedule 1 of the Children Act, often made by unmarried parents for the benefit of their children. These may include applications for “top up” maintenance (where there has been a maximum assessment by the CMS); payment of school fees; capital lump sums; childcare related costs and importantly provision of a property for the parent who cares for the children.

We advise clients on:

• Appeals
• Child arrangements (private law)
• Collaborative law
• Civil partnership agreements
• Divorce
• Financial remedies
• Financial separation agreements
• Intervenors
• Judicial separation
• Non-court dispute resolution (NCDR)
• Pre and post nuptial agreements
• Schedule 1 claims
• Trusts of Land and Appointment of Trustees Act 1996 (TOLATA)

Non-court dispute resolution (NCDR)

We believe it is important for clients to understand the significant amount of time and costs which may be incurred when litigating and are therefore strongly supportive of using differing forms of NCDR. We regularly advise clients to use the mediation process (including hybrid), private FDRs and arbitration.

Both Belinda Hornsby Cox and Karen Wallace are trained collaborate lawyers and where appropriate encourage clients to engage in its process.

Pre and post nuptial agreements

We frequently advise clients on pre and post nuptial agreements. The majority of agreements provide certainty and direction as to next steps if the marriage were to breakdown.

Most of our nuptial agreements focus on wealth accumulated pre-marriage, securing family businesses or shared family assets and (expected) gifts and inheritance. Nuptial agreements can set out the parties intentions about specific assets and how they consider these should be dealt with fairly upon a marriage breakdown.

We can work with advisers in foreign jurisdictions to draft agreements where necessary.

Post nuptial agreements are often raised when the older generations are gifting to their children it is part of the firms holistic advice to clients.

Belinda and Karen are supported by Poppy Banbury (Senior Associate), George Hornsby Cox (Associate), Charlotte Dolman (Associate), Elena Howd (Paralegal) and Lizzie Gardner (Secretary).