Understanding and committed Family Law Specialists

Case studies

There is no such thing as a typical case.  Every case is fact specific.  However, we are proud of our successes for our clients.

Mercy Messenger has successfully represented clients in the following reported cases at Appeal level:

Xydhias v Xydhias [1999] 2 All ER 386
This is one of the leading cases on husband and wife financial agreements reached between legal advisers. The case involved consideration of whether or not negotiations amounted to a “concluded agreement” and ought therefore to be converted into a Court Order so as to be capable of enforcement.  

L v L [2011] EWHC 2207 (Fam)
This case dealt with the period over which maintenance ought to be payable following divorce before a Clean Break would apply. The original decision on maintenance was for a joint lives’ maintenance order. On appeal this order was reduced to a 2 year 5 month term after which a Clean Break was to operate.

The case is authority for the following:

  • There is no presumption of joint lives maintenance
  • Except in isolated cases where a Husband or Wife deserves compensation for e.g. a lost career, maintenance turns on needs, and will last only as long as needs may
  • The possession of significant capital or an unexploited earning capacity will generally weigh against continuing maintenance other than in the short term.

Away from the Appeal Courts we have recently had considerable success in the following areas:

Child Arrangement Orders

Financial Add Back

Financial Ring Fencing

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