Robert Cole
Call: 1991
Robert Cole
Head of the Family Law Team
LLB (Hons), LLM, MCIArb, FLBA
Legal Aid Supplier Number 3490U
Contact
T: 0113 246 2600 or 01274 722 560
Robert is a leading matrimonial finance specialist. He sits on the Chambers Executive Board. Robert is regularly asked to act as adjudicator in Private FDRs and to sit as an Arbitrator. He is the Head of the Family Law Team at Broadway House Chambers.
‘A superb and highly skilled advocate with a hugely talented mathematical brain. Robert is calm, collected and has excellent instincts. ’ (Legal 500 2023, Tier 1)
Reputation
Robert has presented a myriad of specialist lectures to the FLBA, Resolution Groups and top-ranked solicitors firms. Robert also lectures at our Family Law Annual Conference and Family Law Webinar Series.
He continues to be invited to lecture at the Judicial College (for the judiciary) on matters dealing with accounts and corporate structures within financial remedy cases, having lectured in 2019, 2021 and 2022.
Ranked Band 1 in Chambers & Partners and Top Tier in Legal 500 for over the last 17 years.
“Robert Cole is widely considered a leading expert for high net worth divorces and separations. He is particularly respected for his ability to handle cases involving highly complex asset structures and businesses, drawing on his accountancy background.”
Chambers & Partners 2023
“A superb and highly skilled advocate with a hugely talented mathematical brain. Robert is calm, collected and has excellent instincts”
Legal 500, 2023
“He is very good at managing clients’ expectations and is always phenomenally well prepared.”
Chambers & Partners 2022
“He is a fountain of knowledge and has exceptional case law expertise”
Chambers & Partners 2022
“Robert will always give an honest and open view of the strengths and weaknesses of the case but will also fight hard for the client in court. A pragmatic negotiator.”
Legal 500 2022
‘A superb and highly skilled advocate with a hugely talented mathematical brain. Robert is calm, collected and has excellent instincts.’”Legal 500 2023
Expertise
Robert has worked in the field of matrimonial finance from Call in 1991 but concentrating in this field alone since 2000. He has a recognised practice across the whole of the north of England, the Midlands and beyond. He deals with all range of complex and high value cases involving issues of non-matrimonial source, companies, trusts and overseas assets, forensic analysis of resources and high income maintenance disputes. Robert had a background in accountancy prior to being called which compliments and enhances his work.
Notable Cases
G v L [2021]
Dispute as to W’s claim against wealth held by the parties where H had owned a pre-marital company that was sold during the marriage and whether proceeds then mingled when dealt with thereafter. Dispute as to duration of the marriage; when cohabitation commenced and therefore what growth in company arose within the relationship. Total assets of £16M: W received £6M capital & £1M pension at PFDR.
G v G [2020]
Case involving application of sharing principle to marital acquest: dispute over what constituted matrimonial property after 10 year marriage where W brought £5M to the marriage and H brought shares in family business and pension to the marriage, which had grown by circa £2M during the relationship plus £7500,000 growth in pensions. Extent to which growth a product of joint endeavour or natural growth of pre-marital asset. Decision also to reflect on needs of parties and liquidity of parties given W’s existing wealth. Case settled after PFDR with capital award to W of £750,000 + £250,000 pension.
HW v WW [2020] EWFC B20
Application to re-open consent order on basis that impact of Covid 19 on H’s business was a Barder event. The court determined that the pandemic was capable of being a Barder event but that the impact was a) foreseeable in the specific circumstances of the case and b) the impact was not sufficiently great to warrant the order to be set aside. However, the judge urged a pragmatic approach to the timing of payments and a revision of the periodical payments pending capital payments. The case was subsequently resolved by agreed amendment to original order.
C v C [2019]
H won national lottery prize of £10million prior to marriage. All remaining assets (£5.2million) were derived from this non-matrimonial source. Marriage of 19 years duration; W43: H47. Issue as to whether duration of marriage and treatment of assets diluted weight attached to source of the assets under the sharing principle or whether the case should be approached from need-basis only; further issue as to W’s needs and whether W was cohabiting. W received award of £2million on clean break.
M v M [2019]
Case involving £16.5million assets in the form of land, property and corporate structures (UK and offshore) in 18 year marriage. Central issue as to non-matrimonial source (H claimed £12million brought to the marriage from inheritance/family gifts) and dilution/mingling of assets by acquisition of assets/development of corporate structures using inherited funds. Also issue of meeting needs in context of standard of living; annual budgets of £250,000/£300,000 from each party. W received land/assets of £6.1million generating income of £150,000pa plus retained assets of £900,000 in her name.
J v J [2016] BAILLI M23
Case involving funds misdirected from trading company by false invoicing to offshore Cayman Island bank account, amounting to £500,000. Test for adverse inference considered and applied. Issue of how to structure award, given H’s further movement of the money.
Clerks