Overview

Peter originally instructed Berwins to support him through his divorce. With that completed, he had hoped to move onto the next phase of his life. However changing circumstances meant that, though appropriate at the time of separation, some of his financial obligations were a struggle. Hoping to retire and move abroad, Peter approached Berwins to help him renegotiate his financial settlement.  

Challenge

Peter had a difficult relationship with his ex-wife – their divorce had been acrimonious, and the pair weren’t even on speaking terms. This meant that, when he came to Berwins to make changes to the maintenance payments he was obliged to pay her, a clear and pragmatic strategy was required.

Solution

Peter first sat down with a member of Berwins’ Family team and discussed both what had changed since he last worked with the firm and why he was seeking a new financial settlement. Exploring Peter’s circumstances and, prompted by a health scare, his decision to retire to the sun, it was agreed that the best solution was a ‘clean break’ which would leave him free from any financial obligations in the future.

The circumstances, and Peter’s determination to pursue a hard fight if needed, dictated that the team took a firm stance, outlining the case and sticking to the position that a clean break was in everyone’s best interests.  

To this end, Berwins’ team was further strengthened by the instruction of a specialist barrister to first advise on the strengths and weaknesses of Peter’s case and then represent him in the hearing which followed. This meant that, when the time arrived to go to Court, Peter’s case had been well tested and an approach in keeping with the agreed stance had been agreed.

Outcome

There was a concern that the poor relationship between Peter and his ex-wife would result in a protracted Court case. It soon emerged, however, that this was not to be the case. Careful preparation and the right approach meant that the case lasted just five minutes, with Peter’s ex-wife agreeing to the terms set out.

The agreement to make an affordable lump sum payment in place of ongoing maintenance gave Peter the immediate clean break he was looking for and, coupled with the agreement he already had in place with his employer, meant that he could start planning his retirement with certainty.   

Naturally, Peter was thrilled. With Berwins’ support, he no longer has financial ties to his ex-wife and is able to enjoy his retirement to the fullest.

The names in this case study have been changed to protect the identity of the people concerned, although the details of the case are an accurate representation of the matter.