Archives: Case Studies

Miranda Green explains how the team at LMP actively embraces a Non-Court Dispute Resolution (NCDR) approach as a positive alternative to litigation. Previously commonly referred to as Alternative Dispute Resolution or ADR, the term encompasses any process that can be used to help people resolve issues without making a court application.

In the new era of “no-fault” divorce and the end of the “blame game” for separating couples, the huge development in the various NCDR options is proving yet another beneficial step in helping our clients take control, make decisions together and build a positive future for their family. There are also significant benefits, by encouraging a collaborative rather than a combative approach, to savings in both money and time. With potential long-term mental health positives for both the couple, their children and wider social groups, employing NCDR processes to bring a relationship legally to an end with fairness, alongside a shared dignity and compassion, must be better for all concerned.

As a trained family mediator, I have been greatly heartened to see Mediation becoming of increasing importance to both family law and LMP. The process involves using an independent third party – a specialist family mediator – to support the parties in reaching a fair and acceptable outcome. Mediation is a genuinely empowering process: it enables couples to shape their own solutions and make decisions that reflect what matters most to their family. The mediator is there to facilitate constructive discussions, encourage clarity and understanding, and guide the process forward, but they do not provide legal advice or take sides. Mediation remains a voluntary process and can only take place if both you and your spouse or partner agree. While it requires commitment and effort, it offers a positive opportunity for couples to work together to create informed, mutually acceptable arrangements for the future.

If Mediation fails, and a couple are unable to reach agreement, you can still rely on other types of Non-Court Dispute Resolution (NCDR) before resorting to the Court system.

Click on the relevant links for the LMP website to view further information about mediation, collaborative practice, arbitration, private hearings and round table meetings.

When it comes to divorce and separation, where children are involved, Lucy Hoare explains how the team at LMP promote a child-focussed approach, incorporating a high degree of sensitivity and creative problem solving, in order to protect the welfare of children involved.

Prior to a first meeting with a family lawyer, parents do not always appreciate that they both share responsibilities to their children, which are ongoing until the child reaches adulthood. Too often, the focus is on what “rights” each parent should have.

At LMP, we seek to resolve childcare disputes in a constructive way, always working with our clients to keep the needs of the children at the forefront of the process. We recognise that all too often, our clients feel that the other party is focussing on conflict between the parents and the reasons for the relationship breaking down resulting in frequently uneven emotional positions with one parent driving the process for the other to reluctantly follow. This can result in the children being caught in the crossfire of a relationship breakdown.

We recognise the huge responsibility we have as family law professionals as to how we support and work with our clients going through separation and what options we give them to best help their family and where possible keep them outside of court. By encouraging a less adversarial approach—shifting the focus away from what each parent wants and towards what their children need— there can be a real opportunity for families to continue to thrive, even after a relationship has ended. It also empowers the parents by putting them in the driving seat when making decisions for their children, as opposed to a Judge who has usually never met their children.

When children can be placed at the heart of decisions during a divorce, it creates the possibility of a positive family future. Parents, though no longer together as a couple, can still come together to share and enjoy the important moments in their children’s lives for years to come — remaining a family, even if they are no longer partners.

For more on our services in relation to children, click here.

Alison Hayes reflects on the importance of trust in the client-lawyer relationship and how, twinned with her specialist knowledge and expertise, she works together with clients to secure a positive outcome and bright future.

Difficult issues involving your family can affect you in different ways, and at different times.  The financial consequences of a relationship breakdown are the more obvious, but the emotional consequences cannot and should not be ignored.  At LMP, we understand that the first step of contacting a lawyer can be daunting.  Our first meeting may also be the first time that you have spoken openly about any problems and your circumstances.  You need to have confidence in the lawyer that you have chosen to represent you.  The team at LMP understands that requires trust.

My relationships with my clients are evolving ones, and each relationship is different.  At their core however is a deep understanding of the need for sensitivity, empathy, confidentiality and honesty from the outset with regard to likely outcome.  That approach enables me to earn your trust and build a working relationship whereby I understand your goals and aspirations for your future, balanced by realistic advice gained through years of experience.  This is the case whether I am advising you in relation to plans to move to another country, secure much needed financial support for your children or secure a fair financial settlement on divorce.

Many of my cases are slightly unusual in nature such as knowing that a document existed in parallel French divorce proceedings, which would enable my client to succeed in her English proceedings, but being unable to disclose it because of French privacy laws. A problem to solve and I did.

Also acting, sadly, on behalf of numerous parents in disputes concerning their children where still, to this day, I am dismayed by the lengths people will go in an attempt to obtain advantage over the other parent, with very little thought (in some instances) to the child or children involved.

Trusting me as your lawyer and relying on my experience and expertise allows you to focus on other things, whether taking steps to improve a relationship with a former partner, making more time for your children or looking after your own well-being.  I hope this enables you to look to the future from a more positive perspective, being empowered and in control of your own future.  It takes time to rebuild your life after a family breakdown or crisis but I can be trusted to represent your best interests and provide to you the best possible outcome for the future, and your future happiness and security.

Simon Pigott explains the need for quick and decisive action, and how the team at LMP can assist in these difficult and sensitive situations. 

Mary was at a loss. Married and living in another country with her young children, she was fearful both that the divorce laws of that country would leave her with little, if any, financial security and of the possibility of the custody of the children (as she put it) being awarded to her husband.  She called me to see whether I could offer urgent help. I was able to explain why England could take jurisdiction for the divorce and financial matters while at the same time I put her in the expert hands of a specialist lawyer in the country in which she was living who could address her concerns about the children.

We moved quickly to secure the English divorce jurisdiction: the Petition was issued within 24 hours of my meeting Mary.  I could reassure her that in a post-Brexit world, the English court could consider all her financial claims.

Our experience in dealing with cases where international jurisdictions collide enables us to ensure that fairness and equality of position can be achieved. We know when and where we can help and to whom you can turn when expert overseas advice is needed.

Jeremy Levison reflects on a previous case that highlights the need for sound legal advice and a lawyer who will, if necessary, litigate hard for you in Court.

My client, a wealthy businessman, entered into a (third) marriage with a somewhat younger lady.

Reluctant (mistakenly!) to pay lawyers’ fees for doing so, the couple went online and drew up a pro-forma pre-nup.  There were three copies of this (only) which were placed in the home safe.

A mere five years later, abandoning her husband in their New York apartment, the wife returned to England, raided the safe, destroyed the three copies of the pre-nup and denied that it had ever been entered into in the first place.

She then embarked on a vicious crusade against her husband, accusing him of domestic violence and making gold-digging claims far in excess of her entitlement under the pre-nup.

In a campaign lasting many months we were able to:

• disprove, entirely, the concocted allegations of domestic violence;
• establish the existence of the pre-nup;
• authenticate its validity;
• hold the wife to the terms she had entered into by signing up to it;
• prove that her entire case had been a self-serving, gold-digging exercise, full of libellous untruths, as a result of which:
• she had to pay all of my client’s legal costs.

The case required a high degree of tenacity and resilience as we countered the wife’s determination to evade the terms of pre-nup and a high level of pro-active input as we sought to demolish her dishonestly fabricated case.

It also proves the power of the pre-nup but oh, how much simpler it would have been if it had been properly drawn up by a specialist lawyer and held in safe keeping from the off.

Ben Stowe explains how the team at LMP recognise that separation and divorce can impact on all aspects of your life and, therefore, that the interplay between our advice and your personal circumstances is a sensitive one.   

Marriage is one of the most serious contracts a couple can enter into. Ditto divorce. It is never as easy as a rubber stamp. The divorce process is a complicated one, which often involves complex emotional and financial issues. There is no ‘one size fits all’ model for clients and as a solicitor you need to be able to react to the situation your client finds themselves in.

Meeting with a client I quickly came to realise that his case was more than a divorce. There were issues surrounding the arrangements for the children, reputational management, privacy and the need to deal fairly and equitably with the family finances that spanned a number of different jurisdictions. That particular case ended with a negotiated outcome on all issues.

But even then, acting for your client in a divorce does not end upon a negotiated settlement and the pronouncement of Decree Absolute. There are always ancillary issues that require your attention and careful consideration. I do my very best to make myself available for my clients. It is important to me that they know I am there for them when they need me.

Founding partners Jeremy Levison and Simon Pigott reflect on the strengths of their firm that has forged its reputation by a combination of hard work, professionalism and excellent client care.

Family is important to us all, whether you belong to a small family unit, a large extended family network or a collection of close friends that you consider family.

When your family unit breaks down or when family issues need to be resolved, it is important that you know where to turn.  Simon Pigott, founding partner of LMP says about his firm that:

“years of experience make me realise how important it is for you to know you are in safe hands. To have worries about your divorce or separation or concerns for your children, can become all-consuming. Because of our experience, we can lighten your load and by doing so enable you to see the light at the end of what can be a dark tunnel.”

The team at LMP recognises the need to deal with your problems sensitively, expediently and forcefully where necessary.  We are committed to providing you with the highest quality advice.

Contacting a lawyer can be a daunting experience.  From the outset therefore, we aim to ease any worries and to reassure you that we are equipped to advise and support you throughout the process.  As Jeremy Levison, founding partner of LMP, notes:

“Between us, Simon and I, as founding partners of LMP, have over 75 years of experience. Since the founding of the firm in 1998, we, and Alison who joined us shortly afterwards, have built up a formidable team of the very best lawyers currently practising. If you are going through the horrors of a divorce, we can, and will, help you sensitively, pragmatically and firmly into a happier life for you and your children.  If you are the paying party, we will ensure that you are not fleeced. If the receiving party, that your financial future is secure.  This is what we do, and we are accomplished and experienced in achieving a successful outcome”.

At LMP, our role as your lawyer is not limited to our advice.  Our legal expertise is enhanced by our relationships with others, including barristers, accountants, financial advisors, therapists and pension experts.  Those relationships ensure that we can call on the best people to work alongside us as we create bespoke solutions that meet your needs.

LMP has forged its long-standing reputation by its commitment to client care and excellence in client service.  Hard work, professionalism and dedication ensure that the team is a leader in the field of family law and a ‘go to’ boutique practice.