Our Family Law Department Case Studies

Family Law cases address a wide variety of issues. We work hard for every single client to try and achieve a positive outcome wherever possible. We have detailed below just some of the cases our Family Law expert Ashley Le-Core have recently worked on and the results he has been able to attain.

Divorce & domestic violence injunction matter

I was instructed initially by a gentleman who came to me with a matrimonial matter where his marriage had unfortunately broken down. This matter quickly changed in to a divorce, child arrangements dispute and a domestic violence injunction matter. The parties were at complete opposites in relation to all of their positions and the gentleman needed guidance throughout this period, especially during the 2020 COVID pandemic. Significant work was done on an urgent basis in relation to defending the injunction in relation to domestic abuse, seeking to obtain regular contact between the father and his three children and indeed steering him through a divorce which was becoming exceptionally difficult. At the conclusion of the matter, given the change in circumstances throughout, the children were placed in the father’s primary care, the injunction was withdrawn by the wife and the divorce concluded with an amicable financial agreement. Cases do not often start so aggressively where the parties are so at the complete opposites and then end in such an amicable manner, so it was an excellent outcome all round, for all parties, but specifically the husband who was staring at some extremely significant allegations being made and no time with his children, to having them with him, full-time and an excellent outcome at the end of the divorce and finance proceedings.

Child arrangements

A gentleman who delivers water to the office spoke to me one day and notified me that he had difficulties regarding his child arrangement circumstances. I had an informal chat with him in the office and it became clear that the allegations against him were so exceptionally concerning, that he would need representation within those proceedings. Upon my involvement, the mother’s allegations became exceptionally concerning and were of a very dark and sinister nature. The father clearly denied these allegations from the very beginning and significant work was done to rebut these allegations and point out the mother’s inconsistencies. At the conclusion of a 5 day Fact Finding Hearing, the Judge found that none of the allegations that the mother had made against the father were true and indeed cleared his name in this regard, fully. The case would then transfer to a different type of Family Court proceeding in which the client was fully entitled to free Legal Aid and therefore I concluded my involvement with him at that stage, but the father could not have been any happier with the outcome of the case up to that point as I had steered him through an exceptionally difficult time in his life against some truly awful allegations and the Judge had taken the view that none of these were true and that his relationship with his daughter should be restarted immediately.

Financial Settlement after Divorce

I represented a wife in relation to her divorce and financial matters. Unfortunately, the breakdown of the marriage had taken place due a serious assault on the wife and the husband ended up being imprisoned. This then commenced the divorce and financial settlement proceedings that were concluded eventually by agreement. The parties had a significant amount of assets and it was clear that upon an indication from the Judge that there seemed to be no reason why these parties could not agree amicably, the parties were sensible enough to reach an agreement outside of the Court room which benefited them all. The wife found the whole scenario exceptionally difficult, given how everything started and at the conclusion of the matter, she secured an exceptional outcome for herself and her son and felt a significant level of comfort at the conclusion of these proceedings, without the need to attend a Final Hearing after both parties and indeed their legal representatives had reached a suitable outcome for them.

When negotiation gets complicated

I represented a wife in relation to matrimonial proceedings and indeed a children file. The children matters were agreed at the early stages, but the matrimonial matters took some time to negotiate and conclude. The financial aspects eventually were settled by agreement, but as the husband was not legally represented, trying to explain to him that the position we had put forward was simply correct in law, which naturally difficult. In certain cases such as these, it was exceptionally difficult, as at early stages he refused to accept that this was how cases would usually go. The husband was of course advised to take independent legal advice throughout but unfortunately did not do so. Upon a significant amount of negotiation, the husband would eventually agree terms and a final agreement was reached and finalised. I would then liaise with the conveyancing department to work together to conclude all financial aspects, which were concluded in a timely fashion and one which the client was very happy with.

If you think we might be able to assist you, please call for a no obligation discussion with one of our experts on  01474546013 or email enquiries@martintolhurst.co.uk. We will provide you with expert legal advice for all aspects of your family matter and support you at every stage to get the simplest and most cost-effective solution for you and your family.