Warren Nichols

Warren advises clients on all aspects of divorce, from initial separation through to complex financial settlements, often involving substantial assets, business interests, and international elements.

• Advised Mr Khan in the well-publicised Islamic marriage case of Akhter v Khan [2018] EWFC 54, concerning the validity of a religious marriage under s.11 of the Matrimonial Causes Act 1973. The marriage was initially declared void by the court, allowing financial remedy claims to proceed—a decision later overturned on appeal (Akhter v Khan [2020] EWCA Civ 122).
• Advised the husband in a multi-jurisdictional case involving assets held in the UK, the USA, Switzerland, and the Cook Islands with net assets worth circa £3.5m, in respect of which the client was alleged to have dissipated approximately £1m of matrimonial assets. Successfully demonstrated that there had been no dissipation. The case was settled on favourable terms for the client.
• Advised a wife in defence of an application made by an ex-husband to vary a long-term maintenance order which was reached by consent between the parties approximately 10 years earlier. Successfully obtained a Hadkinson order to force compliance with the earlier order on the grounds that the ex-husband had neither complied with consequent enforcement orders of the court nor had he been able to demonstrate, through a lack of substantiated evidence, that there had been a material change of circumstances that would warrant the downward variation of maintenance to nil (as had been requested). The matter was settled by way of a capitalised lump sum to the client, raised from the ex-husband’s pension portfolio.
• Advised a husband in respect of a resisted claim for equality of the total capital (which included non-matrimonial inherited wealth on the client’s side), on the grounds that the wife’s needs were such that there was no legitimate basis for such additional provision. The case was settled on the premise that such need fell away and the non-matrimonial element was ring-fenced in the husband’s favour.
• Advised the wife in a long marriage case. The husband had relocated to Asia and admitted his needs were significantly less as a result. The wife obtained an order which granted her entitlement to the fully equity from the parties’ jointly owned property portfolio.
• Advised a husband following a lengthy marriage in respect of his wife’s contention that her valuable pension assets (worth c.£2m) should be disregarded for the purposes of assessing the level of the marital accrual. The court disagreed and the case was settled on the basis of there being equality of capital across the parties’ combined assets.
• Advised a husband in respect of a short childless marriage involving proceedings in both the UK and Australia. An application for a Hemain injunction was pursued on the husband’s behalf to stay the Australian proceedings pending a determination by the English court as to forum and although the husband’s application was never formally determined, it catalysed the need for pragmatism in a case which had otherwise been at risk of inherent delay given the ongoing competing interests. The case was settled 6 months later.

Warren advises individuals seeking to protect wealth or manage financial expectations before or after marriage, drafting and negotiating tailored agreements.

• Advised a film actress and producer on her post-nuptial agreement which sought to protect assets at the time of circa £5m.
• Advised a London-based banker on his post-nuptial agreement to protect inherited real estate assets worth approximately £3m net, with total assets in the order of £5.5m.

Warren advises unmarried couples on property and financial disputes arising from cohabitation breakdowns, including ownership issues and claims under the Trusts of Land and Appointment of Trustees Act 1996.

• Advised a client in respect of threatened proceedings for a declaration of ownership in relation to her property, to be brought by her ex-partner on the grounds of his alleged financial contributions. The mooted claim was successfully defended and the case settled without any financial award being offered to the ex-partner.
• Advised a client in relation to his claims against an ex-partner for financial contributions made during the relationship in respect of a jointly owned property (owned in unequal shares) worth c.£1.2m. Successfully negotiated the settlement up by 70% without the need to initiate proceedings.

Warren advises parents on child arrangements, relocation, and welfare disputes.

• Advised a mother in respect of the defence of an application for a child arrangements order, brought by an estranged father, on the grounds that the father represented a serious and ongoing risk to the safety and wellbeing of the children, a position which was endorsed by CAFCASS and the court.
• Advised a mother in defence of a father’s specific issue order to permit an application for the children’s Italian naturalisation. Successfully resisted the application on the basis that the father’s application was likely to have been premised with the main intention of circumventing the child arrangement. The client cross-applied for a prohibited steps order, which was successful.

Recognised in Citywealth Leader’s List for 2018 & 2019

Citywealth Top 50 Divorce Lawyers 2019