Emma Green

Emma Green:

Senior Associate

Emma Green is a senior associate in the Family Law department.

Emma specialises in all aspects of family law including divorce and related, financial remedy proceedings, civil partnership, pre-nuptial and other marital agreements, co-habitation disputes and Children Act Proceedings.

Emma sits on Resolution’s Skills and Support Committee which exists to design training that develops members’ personal and professional skills.

Recent work

Representing the ex-wife in the reported case of G v G [2015] EWHC 2101 and the subsequently reported Court of Appeal case of Magiera v Magiera [2016] EWCA Civ 1292 in relation to a jurisdiction battle in which the ex-husband contested the English Court's jurisdiction to deal withe the ex-wife's TOLATA application concerning the former matrimonial home located in London. Ex-wife was successful on the Appeal and the TOLATA claim now proceeds in the Central London County court.

Acting for Mother in highly contested children proceedings; successfully challenging Husband's complaints brought in criminal proceedings and allegations against Mother of physical and psychological abuse towards child and obtaining a shared care arrangement order (based on equal division of time) where Father was refusing Mother any time with child.

Acting for Wife in High Court financial remedy proceedings where Husband was acting as litigant in person and relying on pre-nuptial agreement (entered into post Radmacher) to challenge her claim to share in the matrimonial assets including a very sizeable pension. Successfully achieved settlement at final hearing on basis that agreement should be disregarded on grounds of its validity and it not meeting the Wife's needs resulting in Wife being awarded a significant lump sum, maintenance and a share of the pension all of which Husband sought to exclude under the terms of the Agreement.

Acting for a Husband in long-running divorce and financial remedy proceedings culminating in a 5 day final hearing. Dealing with the significant issues throughout as to interim maintenance, pre-marital assets, non-disclosure, occupation order, the extent to which assets within a Trust were available as a resource to the Husband, as well as issues relating to the Liechtenstein Disclosure Facility. The case has seen the appointment of forensic accountants as a single joint expert and an eleventh hour Daniels v Walker application by the Wife.

Regularly drafting pre and post nuptial agreements and advising clients thereon.

Random fact

Emma is longing for some spare time to pursue her many and varied hobbies but is hampered generally by her 4 children. However, she has found time recently to complete an anniversary 370km cycle ride which she first completed 25 years ago.