DIVORCE AND FINANCIAL SETTLEMENTS
Sears Tooth are experts in resolving the many and often complex issues that arise on divorce. We aim to ensure that our clients achieve a fair, expeditious and tax efficient financial settlement. We have unrivalled experience in resolving complex financial claims for ultra-high net worth international families.
The breakdown of a relationship is often a difficult and emotional time. Sears Tooth will discuss your options frankly and offer clear, objective advice calling in experts from the fields of finance, tax, foreign law, insolvency and other areas as necessary.
If you are in a same sex marriage, the law operates nearly entirely the same as it does on divorce and we welcome such matters as part of our practice.
Sears Tooth acted for the husband in the ‘special contributions’ case in XW v XH [2017] EWFC 76. More details can be found at the Reported Cases section of our website.
Every case is different but example situations where we can assist include:
JurisdictioN
Where you bring your financial claims can make a huge difference to the financial award made.
The United Kingdom has now left the EU. Previously, those whose marriages had EU connections could petition for divorce in this jurisdiction, which is usually highly favourable to that of our former EU counterparts.
Please get in touch with us so that we can advise on whether there are any alternative remedies for your being in a position to divorce here. It is essential to consider planning ahead in such circumstances if it does not appear that there are readily available circumstances for satisfying the criterion for starting your divorce here.
Non-Disclosure / Dissipation of Assets
The Impact of Agreements
Prenuptial and Postnuptial agreements can be challenged if not validly entered into. For example, if one of the parties did not understand the full implications of the agreement or signed the agreement under duress. Likewise, the validity and impact of a spouse entering into a separation of property agreement on marriage or during the marriage or an agreement as to where their divorce should be heard can be disputed. We can help you challenge or defend such agreements.
Sears Tooth have acted for many spouses who have sought to increase the financial provision received by them on divorce by bringing proceedings in this country following an overseas divorce where the settlement they received abroad was insufficient. Claims can be brought if certain criteria are met for example a strong connection to this jurisdiction. For example, the wife may live in this jurisdiction and have a home here. Claims are brought under Part III of the Matrimonial Family and Proceedings Act 1984.
We can provide you with expert advice and support at a difficult time.