“Succession planning” and “business continuity” are never far from the agenda in MKB Law. The firm regularly provides advice and support to their many corporate clients when it comes to these issues. Following the announcement that Anne Marie Kelly, one of the firms founding partners and head of Family and Matrimonial Law, was retiring in June of this year, the remaining directors of the firm were required to “take their own advice” on succession planning. Given their experience in this area one would be forgiven for thinking that handling their own succession planning would be a walk in the park…

Following an extensive search for a new Head of Family and Matrimonial Law the announcement of Kelly Shaw to the position was made in June. Kelly previously operated as a sole practitioner specialising in divorce and ancillary relief matters for over 20 years.

Commenting on Kelly’s appointment, Gordon McElroy, managing partner of MKB commented, “Anne Marie Kelly is a stalwart of both the firm and the wider legal profession when it comes to family law matters so finding a suitable successor was no mean feat. The succession process allowed us to look at our positioning in the market and forced us to really think about what the future of our family law department would look like. This is, after-all, an area of law that has changed a lot for practitioners in recent times and our business needs have had to adopt to changing times. As a corporate law firm it has always been important to us that we provide a full range of legal services to our many high-net-worth clients. Kelly’s appointment allows us to continue offering high end legal advice across the wider private client sector and we are delighted to have secured the services of such an experienced professional”.

So what attracted Kelly to the position? “The opportunity to work in a boutique commercial practice while focusing solely on family and matrimonial matters was definitely attractive” commented Kelly. “It was quickly apparent to me that MKB is made up of a strong group of lawyers and support staff who work collaboratively and collectively to service the needs of their clients. The collaborative and holistic approach really stood out for me during our discussions”.

Kelly continued, “It is definitely a different working environment for me. Going from a sole trader to being a part of a wider commercial team is something that I was considering for some time. I am passionate about family and matrimonial law and representing my clients remains the main motivator in my professional life. Family law is evolving however and the changing commercial realities of running certain types of cases is at the forefront of your mind when taking on new instructions. It was important to me to balance the desire to provide representation to my clients with the commercial pressures that we all feel in the profession. With a strong commercial and private client background, MKB really was the perfect fit for me.”

Talking about the future of the family law department in MKB, Kelly went on to say that “It is exciting to say the least. The family law team integrates with the various other teams across the firm and works in collaboration with them. There is a mis held perception that we are only called upon when something has gone wrong in a marriage. While that is inevitably a part of the job it is by no means the full extent of it. A lot of the referral work that we receive comes from our corporate and estate planning teams. In my short time with MKB I have already been called upon to draft both pre and post nuptial agreements arising from restructuring of companies and the gifting of assets for general estate planning. While pre and post nuptial agreements are not legally binding in Northern Ireland they are becoming more significant. Courts in Northern Ireland will take them into account when deciding financial matters, provided they meet certain criteria”.

Despite an upsurge in the non-contentious side of things, family and matrimonial work is still largely considered as “contentious” legal work. “Unfortunately, we do deal with the fallout of marriage breakdowns” explains Kelly. “Separation and divorce are unavoidable in certain circumstances, but the role of a solicitor should never be to enflame the situation. You need to be the calmest head in the room at times when dealing with some clients. Divorce and ancillary relief can get “messy” for all parties. I am a great believer in alternative dispute resolution and mediation and indeed the courts now push this as a preferred method of resolving financial disputes. I would expect to see these dispute resolution methods becoming more popular over the course of the next five years”.

‘DIY divorces’ are becoming increasingly more popular in England and Wales as a result of the introduction of ‘no fault’ divorces in April 2022. While ‘no fault’ divorces have not reached Northern Ireland as yet there is a chance that the roll-out may take place in coming years. This will likely bring with it an increase in people seeking to handle their own divorce. Asking a family and matrimonial solicitor for her views on a process that effectively cuts out the need for lawyers may not seem as straightforward as one might think. “As a professional I would always encourage individuals to seek legal advice. While the prospect of handling your own divorce may seem cost effective and straightforward it’s important to be aware of the complexities and potential pitfalls that can arise during this process. The perceived simplicity of the no-fault process might deter some individuals from seeking legal advice. This can lead to them overlooking important financial rights or obligations and can potentially lead to unfair settlements” admits Kelly. “But there is perhaps a role to play for so-called DIY divorces in certain circumstances. At MKB we primarily represent corporate clients and high net worth individuals who have substantial assets. There are no circumstances under which I could ever recommend to any of our clients to try and go it alone. In cases where there are no or limited assets of the marriage, no children under 16, no shared business interests and no pensions perhaps there is a place for DIY divorces.

“We will wait to see what the future holds but for now my focus remains on providing the best possible advice that I can for the clients of MKB Law”.