Family Law
Complex Family Matters Barristers
Specialist advice for family cases with an international element, substantial or hard-to-trace wealth, or a decision that needs appealing.
Takes about 2 minutes. No obligation.
Barristers regulated by the Bar Standards Board
Some family cases raise questions that go beyond the usual procedure. A spouse may live abroad or have started proceedings in another country. Wealth may be held through companies, trusts or overseas property. A child may have been taken out of, or kept outside, the jurisdiction. Or a judge may have made a decision that one party believes is wrong in law. These matters often turn on specialised rules and early tactical choices, and getting them wrong can be expensive to undo.
International divorce is a common example. Since the end of the Brexit transition period on 1 January 2021, the EU rule that the first court seised takes priority no longer applies in England and Wales. Where proceedings are started in two countries, the court here decides whether to stay its own case on forum non conveniens principles. Where a divorce has already been obtained abroad and the financial outcome was inadequate, Part III of the Matrimonial and Family Proceedings Act 1984 allows a financial claim in England and Wales, but only with the court's permission and where there is a substantial ground for it.
Wealth held through structures raises its own problems. A company owned by one spouse is not automatically available to the other, though since Prest v Petrodel in 2013 the court may find that property held by a company is in fact held on trust for a spouse. Trust interests may be treated as a resource if a spouse can realistically expect benefit. Where there is a real risk that assets will be moved or disposed of to defeat a claim, the court can grant injunctive relief under section 37 of the Matrimonial Causes Act 1973 or its wider powers. Cases involving the removal of a child from another country to England and Wales, or the reverse, are governed by the 1980 Hague Convention, and move quickly in the High Court.
Direct Access can work well for many of these matters, particularly for advice, strategy and advocacy, but not for all. Urgent, document-heavy or multi-jurisdiction cases may need a Solicitor to conduct the litigation alongside your Barrister, and in Hague return cases the left-behind parent applying for the child's return can usually get non-means-tested legal aid. We will tell you plainly whether Direct Access is the right fit for your case.
What Complex Family Matters Barristers Do
Cross-Border Divorce and Finances
Advice on:
- Where to start proceedings when either spouse lives abroad
- Applying to stay or resist a stay of English proceedings
- Recognition of an overseas divorce
- Permission for a Part III claim after a foreign divorce
- Enforcing an English order against assets abroad
- Foreign nuptial agreements and choice of law clauses
Complex Asset Structures
Help where wealth is not straightforward:
- Companies, partnerships and private shareholdings
- Discretionary trusts and whether they are a resource
- Assets held by third parties or family members
- Freezing and avoidance of disposition applications
- Applications for third-party disclosure
- Arguing for adverse inferences from non-disclosure
Children Across Borders
Representation and advice on:
- 1980 Hague Convention return applications
- Defences such as consent, acquiescence or grave risk
- Habitual residence of the child
- Port alerts and orders to prevent removal
- Recognition of overseas children orders
- Contact with a child now living abroad
International and urgent cases often need a Solicitor to conduct the litigation. Your Barrister will advise at the outset whether Direct Access alone is suitable.
Appeals
Where a family court decision may be wrong:
- Advice on whether there are arguable grounds
- Requesting permission from the trial judge
- Drafting the appellant's notice and grounds
- Skeleton arguments for the appeal court
- Applications to stay the order pending appeal
- Responding to an appeal brought by the other party
How Direct Access Works
- 1
Identifying the Real Issue
Your Barrister works out which legal question will decide the case, whether jurisdiction, valuation, a trust structure or a point of appeal, and whether any deadline is already running.
- 2
Suitability and Team
Your Barrister advises honestly whether Direct Access is enough, or whether a Solicitor, foreign lawyer or forensic accountant is needed alongside, and what each would do.
- 3
Protecting the Position
Where speed matters, such as competing foreign proceedings, a risk of assets being moved, or a child being removed, your Barrister advises on immediate steps and urgent applications.
- 4
Evidence and Experts
Your Barrister frames the questions for valuers, forensic accountants or experts on foreign law, and drafts the statements and schedules the court will need.
- 5
Hearings
Your Barrister represents you at the interim and final hearings, whether in the Financial Remedies Court, the Family Court or the High Court.
- 6
Enforcement or Appeal
After judgment, your Barrister advises on enforcing the order at home or abroad, or on whether the decision can be appealed and how quickly you need to act.
Does your case qualify for Direct Access?
Tell us about your matter and we'll confirm whether you can instruct a Barrister directly, then match you with the right specialist.
Prefer to talk? Call 0800 302 9921. Lines open 8am to 8pm, same-day callback.
Frequently Asked Questions
My spouse has started divorce proceedings abroad. What should I do?
Take advice quickly. The country where the divorce proceeds can significantly affect the financial outcome. You may be able to start proceedings in England and Wales and argue that the case should be heard here, but the court will consider which country is the more appropriate forum, and delay can weaken your position.
I was divorced abroad and received very little. Can I claim here?
Possibly. Part III of the Matrimonial and Family Proceedings Act 1984 allows a claim in England and Wales after an overseas divorce, but you must first obtain the court's permission by showing a substantial ground, and the court considers your connection to this country and what the foreign court did.
My child has been taken abroad, or brought here, without consent. What happens?
If both countries are parties to the 1980 Hague Convention, the left-behind parent can seek the child's prompt return to their country of habitual residence. In England and Wales the International Child Abduction and Contact Unit handles outgoing requests, and return cases are heard in the High Court. Defences are limited and the process is designed to move within weeks.
My spouse's wealth is held in a company or trust. Can it be included?
It depends on the structure and the evidence. Company assets generally belong to the company, but the court can treat them as held for a spouse in some circumstances, and it can take into account income and capital a spouse can extract. Trust assets may be a resource if the trustees would be likely to provide for the spouse if asked.
Can I stop my spouse moving assets before the case is decided?
If there is evidence that a spouse is about to dispose of assets with the intention of defeating your claim, you can apply for an order restraining the disposal, and in some cases to set aside a disposal already made. These applications need clear evidence and are often made urgently.
How long do I have to appeal a family court decision?
Usually 21 days from the decision, unless the court directs otherwise, and in most cases permission to appeal is required. The test is whether the decision was wrong or unjust because of a serious procedural irregularity, not simply whether a different judge might have reached another result.
Is Direct Access suitable for a complex case?
Often for advice, strategy and advocacy, yes. Where the case is urgent, involves many documents, or requires steps in several countries, it may be better to have a Solicitor conduct the litigation with your Barrister as counsel. Your Barrister must tell you if they think that is the case.
How are fees set for complex matters?
Fixed fees, agreed up front. Advice starts from £250 and court representation from £850, with a clear quote before any work begins.
Get the Strategy Right Early
Speak to a family Barrister about international, high-value or appeal issues before the first step is taken.
Or call us: 0800 302 9921. Lines open 8am to 8pm, same-day callback.