Areas of expertise

Legal Terminology

Divorce & Separation

At LMP, we aim to ensure that you receive the very best practical, common sense and legal advice thereby enabling you to move forward with your life with a minimum of pain and upset.

There are times when both parties have decided that the marriage is at an end but may not wish to start formal legal proceedings immediately. In those circumstances, we can help put in place a Separation Agreement governing financial issues and the arrangements for your children.

In other circumstances, you might object to divorce proceedings for religious or ethical reasons.  We can advise when Judicial Separation proceedings may be more appropriate.

We discuss all the options with you.  That enables you to make the best decision bearing in mind your particular circumstances and concerns.

We aim to ensure that you resolve your difficulties without your family’s resources being depleted by a costly legal battle.  We endeavour to keep the emotional cost of divorce to a minimum.

Areas of expertise

Legal Terminology

Finance and Property

At LMP, we have the best and most experienced specialist expertise to help you resolve your property and financial entitlements and obligations: hopefully by sensible negotiation, but failing that by determined Alternative Dispute Resolution or court proceedings.

Where necessary, we will act to protect your family’s assets and to prevent the hiding of family funds.  We can also help when attempts are made to put assets beyond the jurisdiction of the English Court and out of your reach.

We have extensive experience resolving cases with substantial assets in the UK and around the world. In these circumstances, it is particularly important for you to be fully aware of the nature and extent of the asset base. We regularly deal with cases involving a complicated financial matrix, often involving assets overseas or onshore or offshore trusts.

We will seek to use the powers available in the most effective way possible to ensure that, post settlement, you are in a position to rebuild and move on with your life.

Areas of expertise

Legal Terminology

Trusts

It frequently happens that a division of family assets involves a consideration of family trusts, in England or elsewhere. This can be a complicated and technical exercise. We are well used to dealing with these issues either ourselves or in conjunction with our network of foreign contacts.

Areas of expertise

Legal Terminology

The Family Business

We regularly grapple with the problems that arise in relation to the family business, whether owned by one or both of you, or in which you work together.

A business and its assets will almost certainly need to be protected to ensure that its potential can be maximised for the benefit of all concerned.

With the support of any necessary third party advisers, we ensure that you are fully aware of the numerous consequences, fiscal and financial, which might impact on the business in the short, medium and long term. Working in conjunction with other professionals, we will make sure that you receive comprehensive tax and trust advice.

Areas of expertise

Legal Terminology

Financial provision for unmarried parents and their children

It is crucial to ensure that the appropriate levels of financial provision are secured for the upbringing and day-to-day care of you and your children following your separation.  We have a wealth of experience in this field and have successfully concluded a number of high profile cases

As a result of childcare responsibilities, single or unmarried parents may have a reduced ability to obtain remunerative employment.  In addition, they do not have the same financial remedies as married couples. Therefore, on the breakdown of their relationship, it is particularly important that we advise about the options available to protect your child’s financial future, always with an expectation that both parents play an active role in the upbringing of their children.

Where unmarried parents cannot reach agreement the Court may implement financial orders to meet the financial needs of any child(ren).  These orders can provide for maintenance, the payment of lump sums, the settlement and/or transfer of property and provision for education costs.

Areas of expertise

Legal Terminology

Pre/Post-nuptial Agreements

As experts in the field of family law, we recognise that it is becoming increasingly common for couples to seek to put in place (prior to their marriage) a framework which deals with the division of their assets (and liabilities) in the event that the marriage fails.  Often this is an attractive option for those entering a second marriage, or those with inherited/family wealth, anxious to protect that legacy for future generations.

Historically, prenuptial agreements were considered contrary to public policy.  However, a landmark case in the Supreme Court in 2010 has changed the perception of the English Court.  It is now the case that an agreement will be upheld if its terms are fair and it was freely entered into with both parties fully understanding its impact.

Pre and post-nuptial agreements are a relevant and important consideration for the Court.

We can assist with the drafting of these agreements or advise in relation to their enforceability in the event of relationship breakdown.

Areas of expertise

Legal Terminology

Cohabitation Agreements and Disputes

Not every relationship results in marriage.  Indeed, statistics show that the number of cohabiting families is growing faster than married couple families. However, many cohabiting couples do not realise that under English law there is no such thing as a common law “wife” or “husband”.  This is a common misconception.  Unmarried couples that live together do not acquire the rights and responsibilities of a married couple, nor do they have available to them the remedies available to married couples on the breakdown of their relationship.

Cohabitees have to turn to other areas of the law to resolve their disputes.  We are experts in resolving these difficult situations for you.

We can also provide proactive advice at the beginning of a new relationship and recommend a Cohabitation Agreement for you and your partner.

Areas of expertise

Legal Terminology

Emergency Injunctions

We are well versed in obtaining emergency injunctions at short notice to protect financial assets from being disposed of to third parties in this country and/or abroad.

Unfortunately, it is sometimes necessary for urgent steps to be taken to protect you and/or members of your family from physical harm.

We will not hesitate to apply for a Non-Molestation Order to secure your personal protection and to prevent your former partner from behaving in an abusive or violent way towards you or your children.

If circumstances dictate, it may also be necessary to apply for an Occupation Order regulating the occupation of your home. In certain scenarios, and as a result of their behaviour, one party may be prohibited from continuing to occupy the property.

Some cases may involve individuals with a well-known public profile.  We are alive to the need for sensitivity and discretion.  If appropriate, we can approach the Court on your behalf and obtain the necessary injunctive orders to prevent or regulate potential media coverage of your case.

Areas of expertise

Legal Terminology

Pensions on Divorce

The negotiation of a financial settlement on divorce will require careful consideration of any pension assets.

We will explore the different options with you, including pension sharing.

We work in conjunction with actuaries to ensure that the fair and correct level of pension provision is made in your favour.

Areas of expertise

Legal Terminology

International Cases

There may be several jurisdictions in which you (or your spouse) can start divorce proceedings. This is known as “forum shopping” – a topic of much greater relevance post-Brexit. Using our network of contacts in leading family law practices throughout the world, LMP ensures that you receive the appropriate advice tailored to your unique circumstances.  This enables you to make an informed decision about where best to start proceedings.

You may have entered into a pre-nuptial contract in a different jurisdiction. For financial reasons it may be in your best interests to get divorced elsewhere.  Whatever your individual circumstances, we ensure you receive the very best advice, noting also that the arrangements for your children are an important consideration.

In all cases, we act quickly to ensure that proceedings can progress in the most appropriate jurisdiction.