Stuart
Clark

Partner

Stuart Clark has worked on all aspects of family law, and specialises in financial aspects of relationships breakdown, ranging from divorce and civil partnership dissolution and financial matters arising, jurisdiction and forum disputes, Schedule 1, Tolata and the international enforcement of financial orders. Stuart assists in relations to child arrangements and advises and drafts pre and post nuptial agreements and cohabitation agreements

Stuart has over 15 years of experience as a family lawyer at a city firm and a boutique international family law firm. His caseload combines domestic financial and child arrangements work with specialisms in the international aspects of divorce and cross-border finances.

Stuart robustly seeks to focus the minds of his clients and the other party toward agreement and settlement. He appreciates the value of a settlement-focused approach to financial and child arrangement disputes and strongly encourages his clients to pursue alternative avenues to litigation so as to achieve their objectives. That said, he is equally adept at the technicalities and rigour of litigation should it be warranted.

Stuart works with medium to high value cases and is also adept at dealing with modest cases with a domestic or international complexity and a need to adopt a technical and nuanced approach.

Stuart is a member of the Family Court User’s Association and Digital Stakeholders Group and has contributed extensively to the HMCTS digitalisation project. Stuart also contributes extensively to family law media, including Lexis Nexis Family Law and Family Law Week, and to non-legal publications.

Stuart is a volunteer member of Citizens Advice Waltham Forest and has provided pro bono family law advice in his spare time. Stuart was runner-up in the IAML European Chapter Young Lawyer Awards 2015.

Stuart is a member of Resolution.

Email Stuart.

Stuart is supported by Michelle Arnold. Email Michelle.

Stuart is very strategic and thoughtful, a determined litigator, who is technically very able. His correspondence is exemplary and highly effective. Good on Tolata as well as international cases.

Legal 500

Reported cases:

  • Mittal v Mittal [2013] EWCA Civ 1255 Court of Appeal decided that the grant by the English Court of discretionary stays of divorce proceedings in non-EU forum disputes was permissible under the Brussels II Regulation, dis-applying the Owusu precedent set in Brussels I litigation
  • Tan v Choy [2014] EWCA Civ 251 Added a further limb to the Marinos/Munro debate regarding the interpretation of indent 5 of Article 3(1)(a) of the Brussels II Regulation in relation to divorce jurisdiction
  • H v H (Maintenance Pending Suit) [2015] EWHC B30 (Fam) and MH v MH ECLI:EU:C:2016:542, C173/16. Anglo-Irish jurisdiction litigation which led to a CJEU declaration on the meaning of “lodged” for the purposes of Article 16 of Brussels II