Gemma Davison

Gemma 200x280
Associate
Office:
  • Bicester
Phone:
01869 222310
LinkedIn:
LinkedIn
Specialisms:
  • Family Law
  • Gemma joined the Family Team as an Associate in February 2016, having previously worked in Banbury and Oxford.
  • She qualified as a Solicitor in 2009 and specialises in financial matters following separation and divorce.
  • In December 2016 Gemma successfully became a Resolution Accredited Family Law Specialist.

Work Highlights

  • In February 2013 Gemma completed her training with the National Family Mediators Association and is a qualified mediator.
  • Gemma has experience in dealing with complex financial matters following separation and divorce including; public sector and private pensions, spousal maintenance, large property portfolios, assets abroad, self employment and business ownership.
  • Gemma has conducted her own advocacy in domestic abuse applications, Children Act and Financial Remedy matters.
  • Gemma acts for parents in disputes concerning living arrangements, relocation abroad, step parent adoption and allegations of abuse. She is also able to advise on issues surrounding fertility including surrogacy, co-parenting and LGBT matters.

Professional Memberships and Interests

  • Gemma is a recommended lawyer in The Legal 500 UK 2017 and has been named a 'Next Generation Lawyer'.
  • Gemma is a Resolution Accredited Family Law Specialist.
  • ​Member of Resolution and the Family Mediators Association.
  • In her spare time Gemma is a keen but amateur photographer and baker.

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Case Studies

  • Divorce and Finance

    Gemma was instructed by the Wife in respect of her divorce on the basis of her husband’s unreasonable behaviour and the consequent Financial Remedy proceedings. The Wife worked part time and the Husband managed their property portfolio of twenty properties, which included one property abroad. These properties were all rented out to a mixture of private and social tenants. A significant amount of disclosure was undertaken and consequent negotiations regarding the valuation of each property were required.

    The Wife did not accept that the Husband was being open and honest in respect of his disclosure. The Husband was also the Respondent in other dispute in relation to his conduct of the property business. In negotiating a settlement for the client, consideration had to be given to tax implications arising from the business and in the event that any of the properties were transferred or sold.

    The matter was concluded by an agreement at Court whereby the Wife received slightly more than a 50% share of the Property portfolio, made up of well maintained, low risk properties within the UK and with additional indemnities from the Husband in relation to the tax implications of the business. In addition, the agreement included that in the event the Husband was found to have been untruthful in relation to his financial position the Wife would receive additional funds. This meant the Wife was able to rehouse herself and also secure an ongoing revenue stream from the properties she retained.

  • Pensions

    Gemma was instructed by the Wife in relation to matters arising following the breakdown of her marriage. The parties had a jointly owned property where they resided with their two children. The Wife believed the Husband may have assets abroad which were hidden. The Husband had significant debts in his sole name. The Wife worked in the NHS and had a sizeable pension which she wished to retain. The Husband had a very small pension.

    Due to the Husband’s refusal to respond to correspondence Court proceedings were commenced. The Husband’s financial disclosure remained incomplete. Gemma represented the Wife at Court where she secured an Order for the Wife to receive the majority of the net proceeds of sale, for the Husband to be responsible for his debts and for the Wife to retain her pension.

  • Property

    Gemma was instructed by the Wife in relation to the financial aspects of her divorce. The parties had three children, a jointly owned property and several investments. In addition the Wife had received an inheritance during the course of the marriage which she utilised in supporting the family.

    The Wife did not work and the Husband had a middle income job. Initially the parties reached an agreement at mediation; but had rescinded on this following legal advice. Throughout the matter, the Wife’s position was that she remain in the family home until the youngest child reached the age of 18. The Husband’s position was for the Property to be sold or transferred to him. This difference in position resulted in Court proceedings.

    The end result secured for the client was that she was able to remain in the home until the youngest child reached the age of 18, she remarried or cohabited. The Husband received the majority of the investments however by that stage he had spent such a significant amount on his legal fees he was forced to rent for a time. This could have been avoided if they had reached an agreement sooner.

  • Children
    Gemma assisted a Mother and Step Father where the Father was seeking to adopt his step daughter. The child’s natural Father had passed away sometime before. Gemma assisted the client’s in making the application to Court, which was duly granted.
  • Mediation

    The parties sought assistance in resolving the financial consequences of their separation. The Husband was self employed but the business had suffered as a result of the marriage ending. The Wife had not worked for some years. The Wife had never managed the domestic finances and needed help in understanding the disclosure being presented to her. There was a family home with a net equity of c£186,000, a small amount of savings and the Husband had a large pension.

    The Wife required ongoing spousal maintenance in order to meet her income needs. Through mediation Gemma discussed with the parties their various proposals and consequently reached an agreement where the Wife received capitalised maintenance, the house was sold and the proceeds divided to provide the Wife with a slightly higher amount of capital which was off-set against the Husband’s pension.

    The parties received legal and financial advice alongside the mediation process. Gemma recorded their agreement in a Memorandum of Understanding for them to present to their lawyers to prepare an Order.  By reaching agreement through mediation they saved significant costs and were both able to stay on the housing ladder.

 

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