Katie Langdon

Divorce & Marriage

Either before a union or at its conclusion, drafting is undertaken and advice given regarding the construction of documents intended to deal with the division of the assets upon dissolution or separation.

• Cohabitation Agreements
• Pre and Post-Nuptial Agreements; and
• Separation Agreements.

If there are contentious issues pertaining to either marriage or divorce Katie provides advice and representation.

• Declarations of Marital Status
• Void/voidable Marriages
• Jurisdictional issues – where should the Petition or Application proceed
• Habitual Residence/Domicile
• Contested Divorces
• Forced Marriage Protection Orders

Dispute Resolution

Non-Court Dispute Resolution (NCDR) or Alternative Dispute Resolution (ADR) as it is sometimes referred to,  is an opportunity for those involved in family finance proceedings, or contemplating becoming involved, to remove themselves from the court environs and regain some sense of control in respect of their case/dispute and its potential conclusion/solution. There are a number of routes that this might take, for example:

• Arbitration – Katie is a qualified arbitrator. She can be instructed to determine the issues between the parties. Whether that issue be a narrow one relating to a preliminary issue – e.g. beneficial interests in a particular property – or the entire family finance application.  Katie will make a determination/decision on the issues having considered all the evidence and heard from the parties. The decision in arbitration is binding on the parties.

• Mediation – the parties are able to make good use of Katie’s ability to mediate. Whether before or during proceedings, sessions can be convened to attempt to reach a compromise of the issues between the parties. It might be only on one narrow point or it might be to address and settle the entire claim/dispute. Sessions are conducted to accommodate the needs of those keen to participate. The successful result of this process is that the parties have maintained complete control and determined the conclusion(s) themselves.

• Private FDRs – Financial Dispute Resolution (FDR) is a service provided by the courts. However, there is no control over, for example: the court timetable, the judge, how long the parties can be before a particular judge, the date, duration and location of the hearing. With a private FDR the parties can make choices in relation to the abovementioned – they can choose the judge, venue, date, duration etc. Katie can be instructed to be the judge in private FDRs or to be the barrister representing a particular party. At an FDR (whether private or at court) a settlement cannot be imposed on the parties. Katie, if judging, would give an indication a steer to the parties about how the case would likely conclude in a court at a final hearing. This indication is instructive and aids negotiations for a successful settlement. FDR are considered, on the statistics, a very effective process in relation to concluding litigation.

Whether prior to proceedings or during, Katie also provides:

• Early Neutral Evaluation (ENE) – Katie can be instructed to assess the parties’ case (or one party,singular). Having regard to one party or both parties’ respective positions, aims and objectives/needs coupled with her knowledge and experience in family finance, Katie provides a neutral assessment of the merits of the case and the potential or likely outcomes. The evaluations are not binding on the parties but are intended to be instructive and are aimed at saving time, money and the emotional stress of protracted proceedings.

Financial Remedies on Divorce

Katie handles a variety of cases from those involving substantial assets including a multitude of businesses, properties and foreign assets to those that are premised on the needs of the parties. Appeals to reopen aged final orders have been profitably pursued; so too applications for strike out and abuse of process have been successfully sought or defended on behalf of her clients. Katie has successfully represented clients who have sought financial relief almost twenty years post decree absolute. She provides advice throughout and appears at all stages of the proceedings and consequently deals with:

• Section 37 Applications
• Maintenance Pending Suit
• Legal Services Payment
• Strike Out/Abuse of Process
• Disclosure – including Third Party Disclosure Orders
• Interveners
• Variation
• Appeals
• Enforcement

Property Disputes on Separation (unmarried)

Given her grounding in civil law, Katie’s assistance is welcomed by those instructing her in TLATA cases in relation to: pleadings, issues pertaining to multi-track claims and costs. She undertakes the drafting of either Claims or Defences/Counterclaims and will provide representation at all stages of the proceedings regarding the following:

• Trust of Land and Appointment of Trustee Act 1996 (TLATA)
• Resulting Trusts
• Constructive Trusts
• Proprietary Estoppel
• Inheritance (Provision for Family/Dependents) Act 1975
• Enforcement
• Costs

Injunctive Relief

In respect of concerns pertaining to domestic violence and/or occupation of a property, Katie provides advice and representation to either Applicant or Respondent in applications seeking:

• Non-Molestation Orders
• Occupation Orders
• Enforcement
• Costs

Financial Provision for Children

Katie advises and represents clients, whether Claimant or Defendant, in proceedings relating to the following:

• Schedule 1 of the Children Act 1989
• Inheritance (Provision for Family / Dependents) Act 1975
• Child Maintenance
• Enforcement
• Costs