DMS
Chambers

Financial Remedies on Divorce

Duncan’s Financial Remedies on Divorce practice is centred on complex and high-value proceedings often involving one or more of the following: businesses (including one recent case where the business was valued at more than £50m), farms, inherited wealth, family trusts, assets held abroad, large pensions, significant Personal Injury awards, third parties claiming beneficial interests in matrimonial assets, and annulment of sham bankruptcies designed to defeat the other spouse’s claim.

This includes having a strong understanding of the application within the Family Court of the chancery principles for third party intervener cases.

Duncan has particular experience of cases where a large part of the asset base has arisen from a significant Personal Injury award including with subsequent management through a professional Deputy in the Court of Protection. In these cases early advice and a strategic plan pays dividends.  Duncan is very strong on the law on mental capacity and the issues that can arise in proceedings for lay clients and lawyers alike.

Reflecting the reality of the lives of many modern families, international issues often feature in Duncan’s cases including offshore assets and holdings, Part III claims, and REMO applications. He is experienced in identifying suitably qualified lawyers from other jurisdictions to work alongside and from whom to take advice as to the enforceability of English orders.

Duncan advises in writing and in conference on all aspects of family property and finances, including on the terms of marital agreements whether pre-nuptial (ante-nuptial), post-nuptial or separation agreements.

Well used to acting for people who are in the public eye (including business owners, renowned members of the medical and other professions, senior police officers, Premier League and international footballers, professional sportspeople, and public servants), absolute discretion is a given.

Whilst the majority of Duncan’s cases are resolved out of court through private FDRs, settlement meetings or arbitration, some examples of reported cases he has been involved in are:

• H v H [2019] EWFC 85: involving an asset base of c.£20m and with assets owned in multiple jurisdictions.

• S v H [2020] EWFC B16: where the judge was persuaded that (i) a bankrupt spouse should be given a sufficient lump sum to discharge them from their bankruptcy and then to meet their needs on top despite the practitioner texts suggesting this could not be done; and (ii) not to hold the spouse to a pre-nuptial agreement.

• IC v RC [2020] EWHC 2997: in which Mrs Justice Knowles set out the proper remit of the ‘slip rule’ for amending an order.

• W v H (Financial Remedies: Pensions) [2021] EWFC B63: before Mr Recorder (David) Salter who (i) addressed ‘moving target syndrome’ in respect of the pensions, and (ii) accepted the court rather than the CMS had jurisdiction to make an order for child maintenance where the child’s care was shared equally.

Recent cases in 2024-2025 in which Duncan has been instructed have involved:

• Case: An asset base of c.£15m with complex and unusual pension arrangements as well as assets located internationally in different jurisdictions.

• Case: A multi-million-pound Employee Ownership Trust purchase of the business with arguments as to post-separation accrual.

• Case: Numerous properties owned personally, in partnership with third parties, and in corporate entities; with the other party represented by a KC.

• Case: Complex capacity issues for one party (culminating in a contested hearing as to the appointment of a Litigation Friend), an asset base of c.£10m with assets held within corporate entities in this jurisdiction and internationally, plus a time-vesting employee incentive units scheme with arguments as to post-separation accrual.

• Case: A dispute between the parties on Standish v Standish lines as to the matrimonialisation of assets; with the other party represented by a KC.

• Case: Numerous properties owned personally in the names of both parties and in corporate entities (in the UK and internationally), with more than 35 limited companies owned by the parties.

Duncan has particular expertise in the field of costs, whether that is making or defending applications for costs against a party (including publicly funded parties), third party interveners, non-parties or wasted costs orders against professionals.

A niche part of Duncan’s practice is experience of advising where applications may be brought by the Queen’s Proctor for the setting aside of decrees for divorce (nisi or absolute)/conditional or final divorce orders, when alleged to have been obtained by fraud.

Whilst based in Leeds, Duncan is instructed in cases throughout England & Wales and is often in the Central Family Court and inner/outer London courts.

Unless agreed in writing otherwise, all bookings are accepted pursuant to the:

‘Standard Contractual Terms For The Supply Of Legal Services By Barristers To Authorised Persons’, a copy of which is found here: https://www.barcouncilethics.co.uk/wp-content/uploads/2017/10/Contractual-Terms-2020-1.pdf