Emily Ward MCIArb

Emily is an established matrimonial finance specialist and is highly sought after in financial remedy and schedule 1 cases. She acts for clients from pre-issue, where focus is primarily upon strategy, settlement and advice as to evidence, through to final hearings and on appeal. Her case load comprises high net worth clients with large incomes and substantial capital, business, trust assets and/or extensive pension provision, as well as difficult cases where needs exceed the available assets.

Emily is experienced in advising in cases where the issues include pre-acquired wealth, inheritance and liquidity issues. She is also often approached to advise in cases where there have been substantial personal injury awards.

A significant part of Emily’s practice concerns nuptial and separation agreements, from drafting and negotiating agreements, through to litigating challenges to such agreements.

Emily’s family practice encompasses all areas Private Children Law. She advises and represents clients in a wide range of applications, and she is a favourite in cases involving intractable contact disputes, implacable hostility and vulnerable individuals. She is frequently praised for her sensitive yet sensible approach with clients. Recognised for her sensitive approach, Emily has dealt with a significant number of cases in which there has been a parent death or terminal diagnosis of a parent.

Emily also represents clients in cases involving domestic abuse, including coercive and controlling behaviour allegations and also cases where false allegations of abuse against parents and/or children have been made.

Emily’s recent case load has included:

• Representation of a parent at a finding of fact hearing concerning multiple serious allegations of physical, psychological, emotional and sexual abuse against the resident parent and the children, including multiple rape and GBH. Findings made and successful costs order awarded.
• Representing two professional people at multi-day fact findings hearings in which allegations of coercive and controlling behaviour were found proved.
• Acting for a parent in a case where false allegations of sexual abuse were made against him, and found after trial to have been fabricated by the other parent. Costs orders made in favour of Emily’s client.
• Acting for grandparents in a case where their son had been killed, contact with grandchildren stopped by the other parent and allegations of sexual abuse made against one of the grandparents. Findings of fabrication were made and contact was reinstated.
• Acted for the father in private law proceedings (borderline care), where the child was separately represented. The case involved allegations of parental alienation, emotional abuse, and FII/PP. Successfully obtained expert evidence, over opposition, which confirmed FII/PP by the mother. The evidence was pivotal, leading to safeguarding measures and the restoration of direct contact between father and child.

Emily is committed to ADR and NCDR both as an advocate, an evaluator and an adjudicator.

Emily is one of a small number of practitioners nationwide qualified as an Arbitrator under both the IFLA Finance and Children Schemes. This puts Emily in the unique position of being able to arbitrate children and finances (including Children Act Schedule 1 and TLATA), including at the same arbitration hearing, which brings with it advantages for the family, as well as cost savings. A prime example being those cases where there is a dispute as to whether a child should attend state or fee-paying school and a dispute over who should pay.

Within the last 12 months Emily has arbitrated multiple finance cases, and the issues in children cases: contact and living arrangements; choice of school; state vs private education, and internal relocation.

Emily also regularly sits in the seat of Private FDR Evaluator in financial remedy, schedule 1 and TOLATA cases, including those which involve third party claims. She brings her skills as a Deputy District Judge (appointed in 2019 at age 30) to this role and is sought after for her thorough but human approach to complex cases. Emily is often appointed as pFDR Evaluator in cases involving more senior advocates, including silks, demonstrating their trust in her opinion and skills at assisting parties to navigate to a consensual resolution.

As part of Emily’s NCDR services she is able to provide early neutral evaluations in writing too, if, for example the issue is narrow or the dispute does not justify a full blown pFDR hearing.

Recent pFDR examples:

• Appointed pFDR Evaluator in high-value financial remedy proceedings concerning c. £16m in concrete assets plus uncrystallised shareholdings (+£5m). Issues included post-separation accrual, valuation of shares, Wells sharing, and international property raising enforceability and taxation considerations.
• Appointed to provide indications at a pFDR in a high-value case involving UK and Spanish property and non-matrimonial assets. Disputed company shareholdings were valued between £1m and £5.5m by competing experts. Emily analysed the competing evidence and advised on valuation and liquidity to assist settlement. The matter was significant due to the cross-border asset base and contested expert evidence.
• Appointed pFDR Evaluator in high-value proceedings with complex conduct allegations, including non-disclosure, reckless dissipation, and add-back arguments. The asset base included property and business interests across the UK, France, Brazil, and Portugal, alongside pensions and other cash assets. Extended post-separation period added further complexity regarding non-matrimonial property and post-separation accrual.

In the private children arena, Emily is able to offer private Dispute Resolution Appointments to assist separated parents and carers navigate to a set of arrangements which best meet the child’s needs.

Emily has a growing international practice, something she is looking forward to expanding through her associate membership at 36 Family.

In the private children law sphere Emily is often instructed in relocation cases both internal and international and temporary and permanent. These cases are often the most difficult with life changing outcomes for the child and parents/carers. Emily approaches such cases with care and sensitivity but at the same time fights hard for her client where consensual resolution has proved impossible.

Her recent caselaw has included a successful opposition before Poole J in the High Court to a temporary removal to India, a non-Hague country, which involved consideration of political unrest and risk to the child and resident parent. Emily has also recently successfully assisted a mother permanently relocate the child to Israel against strong opposition owing to the conflict in the region.

In the financial remedy arena, Emily’s cases often involve asset and trust structures held outside of the jurisdiction requiring consideration of cross-jurisdictional tracing and enforcement. Emily’s drafting and reviewing of marital and nuptial agreements also requires liaison with lawyers in other jurisdictions.