Stuart McGhee

Contact

Expertise

Family Finance

Stuart is frequently instructed in financial matters following the breakdown of marriage and civil partnerships, with unusual features.  In the past those have included ‘Adult children’ under a disability and ‘hidden asset’ cases where a thorough forensic analysis is required.  He also has experience in complex matters involving foreign asset disputes, third party claims and cases involving farming businesses and other inherited wealth. The economic downturn has seen an increase in cases involving s.37 protective injunctions, enforcement or variation of ancillary relief orders. When a robust approach is required in these matters Stuart is frequently instructed.

Cases involving the breakdown of relationship between cohabitants or the recovery of monies otherwise invested in property are often complex. Stuart ensures that he remains apprised of the developments and clarifications under case-law, which now more than ever are subject to regular change.

There are a plethora of forms of trusts, agreements and evidence that exist in this field, all of which Stuart has a comprehensive understanding of. In this respect he encourages the collation of all relevant evidence at an early stage.  This ensures that cases within this minefield of litigation do not become unnecessarily protracted and costly. Stuart has both the expertise and experience of dealing with such claims, often involving intervening claims as well as TOLATA claims as part of Ancillary Relief proceedings.

Children Private Law

Stuart is experienced in all aspects of Children Act matters, (excluding Public Law proceedings). Cases involving claims pursuant to Schedule I of the Children Act for financial provision are often combined with TOLATA applications and Stuart has a working knowledge and significant experience of such twin track cases. He is also highly experienced in dealing with cases under the Hague Convention in addition to those applying for removal from the jurisdiction. He has expertise in cases requiring enforcement, including applications before the High Court, for sequestration of assets following unlawful removal of a child from the jurisdiction.

Recent cases include:

  •  Court of appeal case Re A (a child) (international travel)(2012) 22/6/2012

Overview

Year of call: 2000
Areas of specialism:
  • Child Abduction
  • Children Private Law
  • Family Finance
  • Public Access and Direct Access
Qualifications:
  • LLB (Hons)
  • LLM (Dunelm)
Professional associations:
  • Family Law Bar Association
  • Western Circuit
Notable Cases:
  • J v J (2006) Adult child under a disability
  • V v V (2008) Distribution of company assets
  • F v F (2007) Farming inherited wealth