Louise Barretto’s Legal Expertise

The principal areas of family and matrimonial work that I cover are briefly:-

1. Helping to resolve financial matters on separation and divorce, either by way of negotiations between solicitors, mediation, arbitration, collaborative law or Court litigation.
2. Resolving arrangements for children using the same processes as above.
3. Advising on and drafting nuptial agreements, cohabitation agreements and settlement agreements.
4. Divorce. The online procedure has simplified this process and there is now a no fault system.
5. Mediation. I am a qualified mediator and, where appropriate, this process can achieve excellent results for a separating couple if there is a foundation of goodwill between them and a mutual aim to resolve matters in a constructive way.
6. Collaborative law . I am a trained collaborative lawyer which means that I can represent my clients in this process where we both feel it is suitable. Collaborative law is a process of resolving financial matters without recourse to the Courts, except at the very end when asking the Court to approve a settlement. Settlement discussions are conducted by way of a series of round table meetings with the other party and their lawyer and it can be a successful and a dignified process where suitable.
7. Non-Court Dispute Resolution (NCDR) is being actively encouraged by our Family Courts more so now than ever before. Examples of NCDR are where the parties to a financial dispute agree to jointly instruct an experienced family lawyer (this could be a barrister or a retired Judge) to hear both parties’ arguments and give a non-binding evaluation on what would constitute a fair outcome. This usually encourages productive negotiations between the parties and a settlement without the need for a final hearing at Court. Even if a matter has started off with a Court application for financial remedies, many people are choosing to conduct a private financial dispute resolution process. When  clients chose a private FDR instead of a Court based FDR, I have found them to have a higher success rate.
8. Court Litigation. Some cases are not likely to settle in an NCDR environment and litigation is required to achieve a final outcome. This may be where, for example, one party is not co-operating either in terms of complying with timeframes or providing  full financial information. With litigation matters, I work with an experienced team and only instruct barristers (to do advocacy at Court hearings) that I know will provide excellent representation for my client. I take great care in choosing the most suitable person for each one of my clients. In a small number of cases, it can also be helpful for clients to engage the services of a “divorce coach” to assist them. A good divorce coach will add value by assisting with practical issues, such as helping to collate financial disclosure often at a lower cost than solicitors. Only in cases where I feel a client will benefit from this additional support, will I recommend an experienced, trusted divorce coach.
9. Coercive and Controlling Behaviour. I have been involved in many cases where one party has behaved in a controlling way, usually by exerting financial control, which often crosses over to all aspects of married life. I have given talks on this topic which has in the past few years become widely recognised in our family Courts. Cases involving individuals exhibiting this type of behaviour require special handling to prevent the perpetrator of the controlling behaviour continuing this throughout the process. Most of these cases are not suitable for either mediation or collaborative law as they require a firm hand.