Better education and advice is the way forward for cohabitee rights
7th February, 2019
Judith Fitton explains better education and advice about rights is the way forward for cohabiting couples
Judith Fitton.
Partner
Judith is a Partner in our Family team and has over twenty five years of experience. She works mainly in the field of high net worth divorces with a particular skill in the forensic aspect of cases, including at High Court level and is recognised by The Legal 500 UK as being a Leading Individual in this field. She is experienced in investigating complex financial arrangements, including non-disclosure, international assets, intricate company structures, third party disclosure orders and pension schemes. Judith is also the expert in our department in cohabitee matters, disputes between non-married couples as to their property interests and claims on behalf of their children. She advises and represents clients in respect of claims under the Trusts of Land and Appointment of Trustees Act but is also skilled at achieving settlements in these complicated and often hotly disputed cases without the need for court proceedings.
She has a particular interest in pre and post nuptial agreements and enjoys the negotiations and the creative challenge of drafting contracts which achieve the aim of protecting pre-acquired wealth yet still provide for the needs of both parties in the future.
Judith has been accredited as a Specialist in the fields of Cohabitee Disputes (one of the first lawyers in Surrey to achieve this) and Complex Financial Remedies in high net worth asset cases by Resolution (the national organisation of family lawyers). Accredited lawyers have to demonstrate a proven record in their specialist areas, provide a portfolio of appropriate cases and also pass an exam.
She is known for her ability to present issues in a clear and straight forward manner to give pragmatic and constructive advice. She receives many recommendations from satisfied clients and also other lawyers.
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- Acting for the wife in the High Court in a reported international case involving assets in four jurisdictions in which the husband heavily disputed her claims and actively sought to hide his assets. After lengthy forensic investigations, involving six properties, seven international companies and over 40 bank and credit card accounts, obtained orders for the client with a total value exceeding £10m including a costs order on an indemnity basis. Now instructed to assist with the enforcement of the order overseas.
- Acting for the wife of a director and major shareholder in a well-known company following a lengthy separation. The wife’s claims for a home and maintenance had been agreed but not her claims against the husband’s business interests. Obtained term maintenance and a lump sum order by instalments, secured against the husband’s shareholdings
- Acting for the wife as to her divorce and financial claims, in circumstances where she earned over £1m. Accountants were appointed to advise on the wife’s likely future income and achieved a clean break agreement as to the husband’s claims without the need for court proceedings, including the transfer of jointly owned properties to the husband to provide him with an independent income and secure housing
- Drafting a pre nuptial agreement for a future husband, involving the protection of his multi-million property investments from the future claims of his wife, properties in two jurisdictions and issues as to maintenance and risk
- Acting for the third party intervenor in a disputed divorce case, involving complex trust issues and company interests
- Acting for a claimant in a Trusts of Land case concerning a jointly owned property including representing him in contested proceedings and issues as to the costs of the build, equitable accounting and occupation rent. Achieving a settlement prior to a hearing.
- Acting for the claimant in a Trusts of Land case involving three properties in joint names or in respect of which she had a claim for a beneficial interest. Successfully negotiating an agreement in respect of all three properties without the need for court proceedings
- Regularly advising on pre and post nuptial agreements, involving overseas assets, company interests, complicated incomes and substantial inherited wealth
- Acting for many cohabitees in respect of disputes relating to their property interests, advising clients as to the terms of settlements and also representing clients at court in defended TOLATA proceedings
Judith studied law at the University of Warwick before training with a large City firm. She then specialised in family law and spent eight years with the regional office of another London firm, before moving to Mundays. She has been a member of Resolution (formerly known as the Solicitors Family Law Association) since qualification.
Judith is a marathon runner and one of the Race Directors of the Mundays Charity 5k in May each year, which has raised over £50,000 for the Princess Alice Hospice and has a loyal following amongst local runners.
The impact of a separation – the rights of a business owner
30th January, 2019
Judith Fitton describes the legal distinctions and how business owner couples can best protect their business interests in the event of their separation
The Millionaires’ Ex Wives Club
18th January, 2018
Judith Fitton looks at the importance of listening to legal advice from recent BBC2 programme
Unmarried partners in the UK
3rd January, 2018
Judith Fitton provides information on the rise of couples choosing to live together outside of marriage
Our People.
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