Tees resolves high-conflict divorce with strategic non-court solution

Author

James Scarborough, divorce and family solicitor at Tees Law

Senior Associate

When Richard* faced a complex and acrimonious divorce with his ex-wife Lola*, our family law team at Tees helped to steer the case away from escalating courtroom battles. With a significant income at stake and court delays looming, we proposed a private hearing—leading to a fair resolution ahead of schedule and securing a financial outcome that protected our client’s future.

For context:

Tees were instructed to represent Richard* in financial remedy proceedings relating to an acrimonious divorce from his wife, Lola*.

Richard and Lola had been living in Dubai with their two young children at the time of separation, where Richard had relocated from London for work. However, on separation Lola decided to move back to the UK with the children whilst Richard remained in Dubai where his income increased dramatically to over £600,000 per annum.

Richard applied to the court for divorce and financial remedy after which ensued extremely embittered court proceedings.

What happened next:

The principal area of dispute was the extent to which Richard would need to provide ongoing financial support (i.e. maintenance) through his income to Lola and the children.

When considering the appropriate level of such maintenance, the court consider the recipient party’s reasonable earning capacity and reasonable monthly needs. Inevitably, Lola’s position was that her income capacity was lower, and her monthly “needs” were significantly higher than those considered reasonable on behalf of Richard.

Although the parties made offers of settlement, they remained significantly far apart in their positions with each party resolute in their views on what the appropriate financial settlement should be.

With a stalemate in negotiations and the case not due to be heard in court again for some time due to court backlogs, Tees proposed the parties engage in ‘non-court dispute resolution’.

Tees suggested the parties attend a ‘private’ court hearing where the parties instruct an experienced family law barrister to take on the role of judge and provide the parties with an indication which would act as a foundation for settlement negotiations to recommence.

Giving you the full picture:

After some resistance from the wife, Tees persuaded her that ‘non-court dispute resolution’ would be the most efficient way of achieving progress towards a conclusion which would be in the interests of everyone involved.

The parties attended the ‘private’ hearing and Richard received an indication which was largely aligned with his position. The clear opinion on the case from the ‘private’ judge encouraged the wife to compromise on her position following the hearing and an agreement to settle the matter was agreed shortly thereafter.

Tees’ expertise and creative approach to resolving the dispute meant that Richard achieved a result which helped to protect his income and without the delays of the costly traditional court process.

If you’re unsure of what to do next after a separation, our experts are here to guide you through the process.

*Names have been changed in order to protect the privacy of our client.

 

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