Logo
Home > Areas of law > Family law > Family law: financial remedies

Family law: financial remedies

With so many diverse practice areas, Garden Court Chambers is advantageously placed to be able to offer advice and representation on the complete range of financial remedies arising from relationship breakdown. These range from matrimonial finance to claims under the Inheritance (Provision for Family and Dependants) Act 1975 to child support.

Members of the Family and Civil Teams have now come together to form a dedicated Financial Remedies Team to offer this comprehensive service.

In accordance with the ethos of Garden Court Chambers members accept instructions in publicly funded cases where such funding still exists. Alternatively members accept instructions on a private basis at reasonable rates and are committed to assisting clients of modest means or those who are otherwise vulnerable. Members are acutely aware of the need for representation where the assets may be modest but the parties are most concerned about where their children are going to live or how they are going to discharge their debts.

Members are also adept at providing advice and advocacy in cases involving high net worth individuals, in London and further afield in the UK.

The team are happy to advise in conference or in writing and draft pleadings, questionnaires and orders as and when required as well as providing advocacy at all court levels. We offer a pragmatic approach, being mindful of the litigation costs for the parties.

Members of the team are available accept instructions through the Public Access scheme.

Marriage

Members undertake cases where there is a challenge to the validity of the marriage through petitions for nullity or applications for declarations as to marital status. Members also have expertise in non-marriage cases, an increasingly topical issue where many religious marriages do not comply with the requirements of the Marriage Act 1949.

Matrimonial Finance

The Team has considerable experience of the full range of applications arising under the Matrimonial Causes Act 1973. Members act in applications for section 37 and freezing injunctions designed to prevent the dissipation of assets. Members are involved in complex cases involving interveners or where there is an international element such as a foreign marriage or divorce, or one party or assets abroad. We are often instructed in cases where there are issues before the court arising from other areas of law such housing, benefits, mortgage fraud, undue influence and insolvency. Being an inter-disciplinary set, and as the team have diverse legal backgrounds we are often instructed in cases where there are issues before the court arising from other areas of law such housing, benefits, mortgage fraud, undue influence and insolvency. The team are also available to draft pre-nuptial agreements and post-nuptial agreements in line with the current guidance in Radmacher and from the Law Commission.

We have a proud history of providing advice and representation to same sex couples and will accept instructions in cases arising from the Marriage (Same Sex Couples) Act 2013.

Trusts of Land

We can offer advice at any stage including in the drafting of declarations of trust. The team are experienced in dealing with cases involving cohabitants, including same sex couples.

Children and Child Support

Garden Court Chambers boasts a rare specialism in the field of child support law with several team members experienced in appearing in the Social Security and Child Support Tribunal. We also accept instructions in respect of applications under Schedule 1 of the Children Act 1989 (whether or not they are linked to an application under the Trusts of Land Act 1996). We also represent clients where a child maintenance issue arises under the Matrimonial Causes Act 1973 where cases fall outside the jurisdiction of the Child Support Act, for example where children live abroad or where the application is for a school fees order or a top up order.

Variation and Enforcement

The Team has a practical remedies-based approach to cases. Members are acutely aware that in a proportion of difficult cases the final order is not in fact final. Members enforce orders for sale and other elements of final orders using the full range of remedies such as third party debt orders and applications for a judgment summons. We also have considerable experience when it comes to dealing with variation applications, which are often the inevitable reaction to any application for the enforcement of a child or spousal maintenance order.

Family Clerks

Our Family Team is supported by its own dedicated team of clerks. Specialising in family law, they are known for their efficiency and commitment. For more information about the Team and to discuss how we can assist you, please email call us on 020 7993 7600.

Menu