Carina Smith
PartnerBiography
Formerly of RadcliffesLeBrasseur, Carina is a Partner within our award winning family law team (recently named Family Law Firm of the Year at the prestigious LexisNexis Family Law Awards). With over 15 years’ experience practising exclusively in family law, she advises a broad range of clients on divorce, civil partnership dissolution and all areas of matrimonial finance and private law children work including child arrangements and applications for leave to relocate with a child.
Carina feels strongly about the importance of cohabitees and unmarried parents ensuring that they are financially protected in the event of separation. She advises in relation to cohabitation agreements, trust declarations for jointly owned properties and applications for financial relief for unmarried parents known as Schedule 1 applications. See Carina's recent article about why this protection matters.
Carina also advises on wealth protection for those who are married or about to marry. She regularly drafts pre-nuptial and post-nuptial agreements and also advises clients in respect of those already in place. It is notable that Carina has been successful in enforcing a post-nuptial agreement involving multi million pound assets in the High Court where it was challenged by the spouse and has also been successful in overturning a pre-nuptial agreement entered into by an international client for reasons of unfairness.
Carina works closely with Weightmans’ highly regarded private wealth and corporate teams in relation to wealth protection. This extends not only to clients intending to marry but also to third parties that may be impacted if that marriage subsequently breaks down. She can advise business owners on corporate pre-nuptial agreements to protect their company in the event of the divorce of one or more of its directors or shareholders. She also advises family members in matters ranging from ensuring loan monies are protected (such as funds loaned to a child to purchase the family home) to ensuring preservation of substantial assets held within family trust structures and/or inherited assets.
Carina has a particular interest in cases involving an international element and has developed a strong international practice. She has worked with clients with assets throughout Europe as well those with assets further afield including Argentina, Azerbaijan, the Bahamas, Canada, Cambodia, India, Nigeria, Russia, South Africa, the United Arab Emirates and the United States. She is able to call upon advice from connected overseas advisors to ensure a smooth process for international clients. In particular, Carina can ensure early consideration is given to which country will be the most favourable country to commence proceedings, any international tax issues and also potential barriers to enforcement and how they can be avoided.
Where parties have or intend to divorce overseas Carina can work alongside a client’s international lawyer to provide UK advice on implementing and enforcing the order. She can also advise in respect of any further claims that may be available such as a claim in the UK for financial relief after an overseas divorce under the Matrimonial and Family Proceedings Act 1984.
Carina regularly attends conferences overseas to keep well informed of developments in International Family Law. Most recently she attended the International Academy of Family Law Asia Pacific Chapter Meeting in Bangkok to develop her knowledge of family law in the Asia Pacific region.
As a member of Resolution, she is committed to resolving her cases in a constructive and non-confrontational manner if possible. Carina is often praised by clients and peers for her compassionate approach and client care.
