Citywealth Quick Insight Series on Divorce and Family Law – Kirsty Morris, Burgess Mee
This week’s Citywealth Quick Insight Series on Divorce and Family Law is dedicated to Kirsty Morris, Partner at Burgess Mee.
Have you encountered cases where informal agreements between spouses (about property, parenting, or finances) became problematic in divorce?
Yes, unfortunately people can regret the agreements they reach in the early days of separation once the dust has settled a little and they learn more about their spouse’s wealth or objectives during the divorce.
How often do you see assets held in someone else’s name like a relative, that actually belong to one of the spouses?
It’s rare that an asset is genuinely nothing to do with the person in whose name it is. There are many grey areas when families structure companies or trusts in a way that makes sense to them at the time. However, when it comes to divorce, and financial disclosure is provided, sometimes families aren’t too sure themselves who really owns what.
What complications arise when one spouse has received or expects to receive a large inheritance or gift?
A change in wealth can impact a couple in a really negative way if they approach it from different perspectives. The spouses’ individual approaches to the ‘wealth event’, whether that’s selling a company or receiving an inheritance, can sometimes be the catalyst to the separation.
During the divorce proceedings, the fact that the wealth event has happened is hugely relevant as the funds are an available resource, although it’s not always appropriate for them to be shared. This can lead to discussions about whether the funds are “matrimonial” or whether they could be said to have been “matrimonialised” and should therefore be available for division between the parties. This is a hotly debated area at the moment.
How should family lawyers handle situations involving a history of substance abuse or mental health issues?
It is really important for lawyers to have received some trauma training and to run the divorce in a trauma-informed way. Lots of our clients experience some form or addiction or mental health difficulties themselves, or they are trying to divorce someone who’s experiencing these issues. There are many opportunities to work in a way that supports the individual experiencing additional mental health difficulties and these should all be explored. It’s important to consider whether other professionals, such as therapists, coaches or financial experts, could help to resolve matters in a cost effective and pragmatic way.
Can shared digital accounts, subscriptions, or cloud storage create unexpected issues during divorce?
Yes. You can get into all sorts of issues when people fail to disclose digital accounts, or fail to disclose that they have accessed what used to be shared accounts but following the separation should be separate. They are definitely something to be wary of and deal with early on in the discussions.
What impact does a history of domestic violence—physical, emotional, financial, or coercive control—have on the legal process, even if it wasn’t reported?
Domestic violence impacts the way we deal with clients and correspond with the other side. It is a vein that runs through the proceedings and is impossible to avoid because it defines the dynamics between the couple – it is important for the professional involved to be aware of this and to tailor their approach accordingly.
Why is it important to ask clients if they’ve previously discussed divorce or separation with their spouse, and what was said?
It is useful for lawyers to be made aware of the history of the relationship and any decisions or agreements which have been reached. Ending a marriage is, at it’s very core, breaking a contract to stay together through thick and thin. If a couple have reached the decision together, and have both had time to process the emotional shift in the relationship, they are more likely to be able to think about the practicalities like where they will each live, when each of them will care for the children and how the finances will be divided.
Subscribe to the Citywealth Weekly Newsletter to learn more about Private Wealth Management.
Read more:
Burgess Mee and Rosefield Divorce Consultancy announce “Trauma in Family Law” collaboration
60 second interview with Antonia Mee, Burgess Mee | Citywealth News
Private family law early resolution consultation
Citywealth Quick Insight Series on Divorce and Family: Kate Stovold, International Family Law Group
This week’s Quick Insight Series on family dynamics and family office dynamics is dedicated to Kate Stovold, Partner, International Family Law Group.
Citywealth Leaders List, 60 seconds interview – Sean Taylor, Arbuthnot Latham & Co.
This week's 60-second Citywealth Leaders List interview is dedicated to Sean Taylor, Director, Intermediaries at Arbuthnot Latham & Co.