Sears Tooth
SPECIALISTS IN FAMILY LAW
FINANCIAL REMEDIES/DIVORCE

Sears Tooth are experts in resolving the many and often complex issues that arise on divorce. We aim to ensure that our clients achieve a fair, expeditious and tax efficient financial settlement. We have unrivalled experience in resolving complex financial claims for ultra–high net worth international families.

The breakdown of a relationship is often a difficult and emotional time. Sears Tooth will discuss your options frankly and offer clear, objective advice calling in experts from the fields of finance, tax, foreign law, insolvency and other areas as necessary.

Every case is different but by way of example situations we can assist with include:

Jurisdiction: where you bring your financial claims can make a huge difference to the financial award made.
Foreign Nationals can often apply in their “home” country for a divorce. In EU countries the first spouse to issue proceedings secures jurisdiction. So a French husband could issue proceedings in France and have the proceedings heard there despite the fact that his wife and children live in England and have always lived in England. This would result in a much lower award to the wife. Under certain circumstances she may be able to top up that award in this jurisdiction.
Non-Disclosure / Dissipation of Assets.
Some spouses hide assets or dissipate them prior to or in the midst of a divorce. We can help by obtaining freezing orders, disclosure orders from the spouse and third parties in this country and in many other jurisdictions. We also have excellent contacts with forensic accountants and private investigators worldwide.
The Impact of Agreements.
Pre-nuptial and Post-Nuptial agreements can be challenged if not validly entered into. For example, if one of the parties did not understand the full implications of the agreement or signed the agreement under duress. Likewise, the validity and impact of a spouse entering into “a separation of property agreement” on marriage or during the marriage or an agreement as to where their divorce should be heard can be disputed. We can help you challenge or defend such agreements.
Financial Provision Following an Overseas Divorce.
Sears Tooth have acted for many spouses who have sought to increase the financial provision received by them on divorce by bringing proceedings in this country following an overseas divorce where the settlement they received abroad was insufficient. Claims can be brought if certain criteria are met for example a strong connection to this jurisdiction. For example, the wife may live in this jurisdiction and have a home here. Claims are brought under Part III of the Matrimonial Family and Proceedings Act 1984.

We can provide you with expert advice and support at a difficult time.