Q&A with Family Lawyer Gemma Kemp

Gemma Kemp is a partner at leading Thames Valley law firm Blandy & Blandy. 

 Where are you located?

 I am primarily based in our Wokingham office, at 5 Market Place, which is conveniently located in the heart of the town. I am also very happy to meet with clients at any of our offices (Reading, Wokingham or Henley-on-Thames) and I can offer appointments in London, as well as remote meetings. 

What areas of Family Law do you advise on?

Areas including divorce, separation and nullity, as well as financial matters within the context of a divorce, including where there are substantial assets, businesses, trusts and complex income structures. I am often instructed on matters where there are assets abroad and I also act for clients where applications are made in the UK for financial remedies following a divorce overseas. I also advise on financial matters following the breakdown of an unmarried relationship as well as financial provision for children. 

I advise where there is a dispute about who children should live with, relocation applications (UK or abroad), where there are allegations of parental alienation and where specific issues have arisen in relation to the children (such as where they should go to school or whether they should be permitted to travel abroad). I am also one of relatively few family lawyers in the region who advise intended parents in relation to surrogacy – both domestic and international. 

I have particular expertise advising and assisting clients where there are allegations of domestic abuse, including physical, emotional, psychological, financial abuse and coercive and controlling behaviours. I am often instructed in cases where it is suspected that one or both parties have personality disorder traits, including narcissism. 

Other areas range from pre-nuptial and post-nuptial agreements, allowing couples to set out how their assets should be divided should their relationship end, to cohabitation agreements, which help to ensure there is a clear understanding between unmarried partners about how property is to be divided in the event of a breakdown in the relationship. A cohabitation agreement can also provide clarity about finances both during the relationship and if it comes to an end. 

What is Resolution?

I and all of the family lawyers at Blandy & Blandy are members of Resolution, a body whose members follow a code of practice that promotes a non-confrontational approach to matters and which considers the needs of the whole family. 

Often, we see individuals who are going through one of the most difficult periods of their life and we aim to provide as much support as possible. This may include signposting to other professionals such as financial advisors and/or therapists. In these circumstances it is important to have a ‘team’ around you. 

I am a Resolution accredited specialist in the areas of complex[GK1]  finances (mid/high net worth) and private children work. 

Resolution members also lobby for changes to Family Law. 

What is changing?

Family Law is constantly evolving and one of the most significant changes recently is the change to a non-fault-based divorce system. 

Additionally, changes have been made to the rules which set out how family law disputes are approached. The changes are aimed at encouraging parties to reach an early agreement and to try to keep disputes out of court. 

Recent changes to the rules mean that the court can impose cost penalties on those who have unreasonably refused to engage in non-court dispute resolution (NCDR). The court can also refuse to progress proceedings until NCDR has been explored. 

We can advise on NCDR options including mediation, arbitration, collaborative law and private court hearings. The likely benefits are that an outcome may be reached more quickly, normally by way of an agreement which both parties have had input in to. The process may also be more cost-effective than the court route and the parties will be able to decide when and where meetings take place.

We are seeing an increase in those wishing to enter into nuptial agreements. It is often thought that such agreements are only for the rich and famous, but that is certainly not the case. There are a number of reasons they may be a sensible idea, for example: to protect inherited money, or separately acquired assets/savings; to protect business interests; to protect one person from the other’s debts and/or to protect children’s inheritance or specific assets. 

We are also seeing a rise in cohabitation agreements, likely as a result of more couples buying property together before getting married/entering into a civil partnership, or simply choosing not to marry.

How does Blandy & Blandy compare to other firms?

We have one of the most established and experienced Family teams in the region and are proud to continue to be recognised as a top tier firm in the UK’s leading guides to the legal profession, Chambers UK and The Legal 500. I am pleased to have been individually ranked for a number of years in The Legal 500, including being listed as a ‘rising star’.

Blandy & Blandy has twice been named as a finalist in the 'Family Law Firm of the Year - South' category at the Family Law Awards and was 'highly commended' in 2022. 

We are committed to providing an excellent level of service to our clients, evidenced above and in the fantastic client feedback we continue to receive. We instruct the same experts and barristers and appear in the same courts as national and London firms, meaning that we are well placed to provide our clients with a more cost-effective service, without compromising on the quality of advice and the client care they will receive.

To find out more or to discuss your situation, please get in touch by emailing gemma.kemp@blandy.co.uk calling 0118 951 6888 or visiting www.blandy.co.uk.