The Situation
Our client, a Jersey‑based professional, faced the breakdown of a long marriage involving two children, assets in multiple jurisdictions (including a Jersey company and a UK property), and trust interests established during the relationship. The other party had recently relocated to the UK and was considering issuing proceedings there, creating immediate uncertainty about jurisdiction, financial disclosure, and child arrangements during the separation.
The Challenge
Key issues included:
- determining the appropriate forum for proceedings and avoiding parallel actions in different countries.
- protecting assets at risk of dissipation while ensuring both parties had fair access to resources during the separation.
- securing interim child arrangements (residence, contact, and holiday travel) with minimal disruption to schooling.
- achieving a fair financial outcome that accounted for trust structures, differing tax considerations, and future housing and income needs.
Our Approach
Parslows LLP | Family Law team acted swiftly and strategically, coordinating closely with specialist counsel and trusted foreign advisers where needed. We:
- advised on jurisdiction and the practical advantages of proceeding in Jersey, setting out a clear, time‑bound plan to avoid forum disputes and unnecessary costs.
- obtained early, without‑prejudice financial disclosure and negotiated an interim budget so day‑to‑day expenses, mortgage payments, and school fees were met while talks continued.
- secured interim child arrangements to provide stability and a clear routine for handovers, extracurriculars, and holidays.
- where appropriate, implemented protective measures (including undertakings and targeted orders) to prevent asset dissipation, proportionate to the risk and mindful of cost.
- worked with fiduciary advisers to map trust interests and company valuations, distinguishing between marital and non‑marital property, liquidity, and accessibility.
- led a structured settlement process (issue‑ready but negotiation‑first), culminating in a comprehensive agreement addressing housing, lump sums, pension sharing, ongoing child maintenance, and clear parenting provisions.
The Outcome
Within weeks, the client had a stable interim position on finances and children, avoiding stressful last‑minute applications. Within a few months, we achieved a global settlement that:
- provided secure housing and appropriate income support for our client and the children.
- delivered a clean, workable structure for assets—balancing fairness with the practicalities of trust and company interests.
- set out clear parenting arrangements, including term‑time, holidays, passports/travel consent, and a sensible review mechanism as the children grow.
- avoided contested final hearings and significantly reduced cost and delay, with orders framed for cross‑border compliance.
Key Takeaways for Clients
- Early, strategic advice is crucial where children and international assets are involved.
- Proportionate interim arrangements can calm the temperature and protect everyone’s interests.
- Understanding the interaction between Jersey law, trusts, and foreign enforcement often unlocks pragmatic settlement options.
- A negotiation‑first approach, while being fully prepared for litigation, delivers better outcomes faster.
How Parslows LLP can Help
Whether you are contemplating separation, concerned about cross‑border issues, or need urgent interim measures, Parslows LLP | Family Law team offers clear, practical advice tailored to Jersey families with local and international ties. We combine measured strategy with firm protection of your financial and parental interests.