High Net Worth & Complex Cases
High Net Worth Individuals/Complex Asset Structures
We regularly assist clients with significant wealth through the process of dividing their assets on divorce/dissolution. We understand the particular importance of conducting an early and detailed investigation into the nature of the assets involved (often instructing financial experts at an early stage) in order to establish a clear, and tailored strategy from the outset.
We are used to dealing with money and property that has been structured in tax efficient ways: on and offshore trusts, family trusts and company assets for example. We aim to give you expert and honest advice on how a court would approach the division of these assets from the outset which can help you to avoid protracted and unnecessary argument, court proceedings, and legal costs.
We understand that each case is different and will require a different approach but our overarching aim is to conduct collaborative but robust negotiations and try and reach out of court settlements where possible. If court proceedings do become necessary we have a reputation for fighting hard for our clients and offering a realistic assessment of the likely outcome.
Inherited/Non-Matrimonial Assets
Where either or both parties have inherited assets we can advise you on whether your inheritance can be protected.
You may also feel that certain assets should not be shared with your spouse– that they are ‘non-matrimonial’ – this may be because they were acquired prior to your marriage or gifted only to you for example. These assets are often the most contentious in any separation. Again, we will provide you with straightforward and honest advice from the outset as to whether you can, or should, argue that such assets should be excluded from the matrimonial ‘pot’. Our advice is always based on the most up to date and applicable case law.
Farms and Agricultural Land
Farming cases are usually complex; often there is a fine balance to be struck between raising capital for the party leaving the farm, and the effect that this may have on the running of the farm, its prosperity and future viability.
We have a wealth of experience in this area, and clients can be reassured that we will provide them with expert and effective advice. Common problems faced in these cases include: where a farm has been inherited by one party (having been in their family for several generations); where there is a disparity between the level of income which a farm can produce and its capital value; where there has been diversification into other areas; or where the farm is run and owned by several members of the family and there are complicated ownership structures.
We have come across each of these scenarios and similar ones before, and clients can be reassured that we have the depth of knowledge, sensitivity and skill to conduct effective negotiations in this complex area.
We regularly work with our established network of professionals, including agricultural surveyors to provide clients with high quality, pragmatic advice.
Business Assets
Cases involving businesses often raise competing emotional and legal issues, and resolving them requires particular skill and sensitivity. Tax and liquidity issues, and considering how the business will be run in the future are vital considerations on divorce. Businesses are often both a crucial source of income, and of capital, making their division complex. We work closely with expert accountants and tax advisors to assess the financial implications of sharing business assets, and provide expert valuations of the business, enabling us to provide clients with the best possible advice and strategy from the outset.
Military Families
The division of assets and benefits on divorce/dissolution can be more complicated for military families for the following reasons:
Armed Forces pension schemes (AFPS) are often the most valuable asset for a Forces family so it is important that the benefits from the pension scheme are dealt with fairly on divorce or dissolution. These pensions are often claimed well before state retirement age which means that legal and financial advice is essential because of the complex rules that apply.
Boarding school allowances might change after divorce/dissolution, and this can affect the overall financial settlement.
Arrangements for children can be very complicated after a military divorce: changes to housing entitlement might mean that a child cannot continue to live in service accommodation or even in the same country as one parent.
We are very experienced in dealing with these, and other complicating factors involving military families. We are located near to the Defence Academy of the United Kingdom which makes us a convenient choice for military families requiring help on the breakdown of marriage, or families looking to protect their assets and wealth before or after marriage.
Cross Jurisdictional/International Cases
Many family law cases have an international element: you may have been living and working abroad or have moved to England and Wales from a country outside the UK. There may be assets to be divided that are outside the UK, or the main income for the family might be paid from abroad.
Which jurisdiction your case is heard can significantly affect how your finances are divided as different countries have very different approaches. We can advise you where to issue divorce proceedings in appropriate cases.
We have considerable experience in dealing with cases where a significant amount of the assets are held overseas, and over the years have developed links with organisations who can further assist us to advise you in these difficult cases.
Urgent Cases
Your case might be urgent because:
How we work
Where appropriate we will work with our established network of experts including accountants, tax advisers, financial advisers and pension advisers to obtain the best possible outcome for you and your family. We have a track record of conducting robust and successful negotiations in these cases and avoiding court proceedings where possible.
Preventative solutions
Clients may want to avoid potential uncertainty and conflict from the outset, and to protect their assets in the event of a relationship
breakdown. In these circumstances we can advise clients on both pre and post nuptial settlements.
Highlights
Acting in a complex case involving assets in excess of £150M, held in offshore trusts and multiple jurisdictions.
Acting in a case with assets in excess of 25M, held in multiple jurisdictions, and in agricultural land.
Acting in a highly complex farming case with multiple generational ownership, and a large and a significant commercial enterprise.
Successfully arguing that inherited assets should be excluded from the matrimonial pot for division in numerous cases.
Acting in a case involving significant property and assets held in India and using court proceedings to achieve a fair division of those assets despite significant cultural and family pressures.
What People Say
They were straight talking, and dealt with things with speed and attention to detail. They were also very good listeners, understanding my needs and concerns.
Generally, I feel anxious and unnerved about everything most of the time but I always feel better when I have seen you!
A solicitor with excellent judgement and a real commitment to his clients.
I always knew where I stood because of the clear advice even when I did not want to hear it.
I had such an amazing result from my case. I really appreciate all the work and thought that you put in.
I am writing to thank you and your legal colleagues for recommending Selby Lowndes LLP legal team who helped me through these proceedings. Their dedication, tact and perseverance are laudable. They have been very supportive throughout, and never failed to deliver to help me out in most difficult times.
A great person to have on your team; he fights hard for his clients but is pleasant to deal with.
I cannot thank you enough for your help, support and encouragement. When I first came to see you I was absolutely petrified and really did not think I could go through with it. Your advice, calm manner and belief that this was possible, enabled me to summon the strength to escape what was a nightmare for so many years.
Brings a wealth of experience in family work.
I just knew I could put my trust in you and you would always make the right decisions for me and my girls. You made me feel at ease and … you explained things so well and in detail.
I wanted to write to say a big ‘thank you’ for being such a great solicitor and helping me get through these difficult processes as well as I can imagine someone could. I am really appreciative of the style with which you did this and that you sometimes lightened it all with your sense of humour!
I didn’t realise what a difficult job you had. You’ve done an amazing job having to deal with my lying, cheating muppet of an ex-husband! If it hadn’t been for you then I would have ended up with nothing. My children and I will be forever grateful to you. Thank you for all your help and advice.
It’s been a long and difficult journey but your support and advice throughout has been exceptional. So glad you took my case.
Dear Jane, Thank you very much for your email, I am so glad it did go well and for now is over! I wanted to thank you for all your support and work for the last couple of years and to say how much I appreciated it. You made me feel so heard and seen which is something priceless.
Dear Jane, Thank you for your advice and assistance over the last year. Most importantly I’m so grateful for the compassion you showed me which shone through when I was at my most vulnerable.
Dear Ms. Crumpton, I have approved the order. I hope you receive some recognition from your firm for your diligent work on this unusual case.
Dear Kelsey, Thank you for all your valuable help. I really appreciate it. I don’t want to sound big headed, but I was right when I said you’ll be going places with your talent! Much as I think you’re brilliant, but… nothing personal… I hope I don’t have reason to use you again! We all deserve a break! Surely though, I will recommend you and William to others as the dream team.
I wanted to thank you for your guiding hand throughout this process. You have been reassuring, pragmatic, kind and supportive and I am deeply grateful that I had you on my side.
Excellent judgement.
Experienced and obviously very competent.