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Watch | The Implications of Death on Divorce and Financial Remedies

28th January 2022

Watch the recording of 'The implications of Death on Divorce and Financial Remedies', first broadcast on Thursday 27th January 2022.

This webinar covers the consequences of a party’s death on impending, ongoing or concluded divorce and financial proceedings. It includes a summary of the current case law, with an emphasis on the recent decision of the High Court in Hasan v Ul-Hasan (deceased) & Anor. [2021] EWHC 1791 (Fam). The webinar also considers incapacity issues, and claims under the I(PFD)A 1975.

  • Death in divorce and financial remedy proceedings – the consequences.
  • A recap of the current law/cases
  • Death – a Barder event?
  • Hasan v Ul-Hasan [2021] – recent decision of Mosytn J.
  • What about serious ill health/incapacity?
  • Claims under the Inheritance (Provision for Family and Dependants) Act 1975.

The Speakers

Jennifer Lee, Barrister, Pump Court Chambers

Jennifer Lee is a specialist family law practitioner. She has a thriving practice in the area of family finance, and has successfully represented high net worth clients in cases involving family businesses, inherited wealth, substantial pensions, nuptial agreements, and trusts. Many of her cases also involve foreign assets, tax complications, and cross jurisdictional issues, such as the validity or otherwise of an overseas marriage or divorce, or competing claims in multiple jurisdictions (including cases pertaining to Asia and Africa).

Jennifer has appeared in a number of high-profile reported cases, most notably in Veluppillai v Veluppillai & Ors [2015] EWHC 3095 (Fam) (High Court), in LFL v LSL (McKenzie Friends & Breach of Court Orders) [2017] EWFC B62, and more recently, in N v N (Afghanistan: Validity of an overseas marriage: Procedure)[2020] EWFC B55.

Over the years, Jennifer has also developed an interest in the Court of Protection, particularly where there are overlaps with divorce/financial claims, and in complex children law including surrogacy/modern families. She leads the Court of Protection Team with Leslie Samuels QC.

Jennifer was appointed as a Fee-Paid Judge of the First-tier Tribunal (Tax Chamber) in 2021. She continues to be ranked as a “Leading Junior (Tier 1)- Family and Children Law” in The Legal 500, and as a specialist in “family/matrimonial law” in Chambers & Partners (UK Bar). She has been highly commended for her attention to detail and her robust approach, both in negotiations and during hearings. She regularly appears in arbitrations and private FDRs, and sits as a private FDR judge in Chambers.”

“Jennifer is a member of the FLBA, LAWASIA, and Resolution. She sits on Resolution’s ED&I Committee. Jennifer is also an active member of Chambers, and sits on the Family Team Action Committee, and the Pupillage & Tenancy Committee. She regularly presents seminars and contributes to various publications on topical family law matters.”

Carina Smith, Partner, RadcliffesLeBrasseur LLP

Carina is a partner in the Family Team. She advises a broad range of clients on divorce, and all areas of matrimonial finance work including pre-nuptial and post-nuptial agreements.

Carina also specialises in private law children matters including residence and contact disputes and applications for leave to remove a child from the jurisdiction. As a member of Resolution she is committed to resolving such matters in a constructive and non-confrontational manner.

Carina has expertise and experience in all aspects of family law, including divorce, matrimonial finance, pre and post nuptial agreements, cohabitation agreements, civil partnerships, children matters, including residence and contact, domestic violence and emergency relief and enforcement of orders and agreements.

Carina has a particular interest in cases involving an international element, where particular thought needs to given to ensure that financial settlements are tax efficient and enforcement problems avoided.

She has worked with clients with assets from as far afield as Argentina, Azerbaijan, Canada and the Bahamas and also commonly advises those with property owned in European destinations. Carina is a member of Resolution.

Carina Smith is described as “remarkably understated for such an exceptional lawyer. She manages her clients, their cases and their expectations with an easy and straightforward manner, which belies the often complex considerations that underpin her work. She manages to get to know her clients and what it is they truly wish to achieve from the proceedings, and she will go to considerable lengths to achieve it.’ Legal 500 2022