My parents were part of The Boat People who fled Vietnam in the 1980s with their families and came to the UK as refugees. My mum instilled from a young age that I should always work hard and make the most of the opportunities that she didn’t get. I think she secretly hoped I would be a lawyer; my fierce determination and stern face (even as a child) probably made her think this.
There’s one particular case that stands out to me in my career so far, my client was in her 50s and going through a divorce. When she was a child, she sustained life-changing injuries in a car crash, and received a settlement which included money to pay for her future care.
This money was carefully managed through early adulthood, but at some point following her marriage, most of the assets made their way into the husband’s hands. He was adamant that everything my client brought into the marriage should be split equally in their divorce – but not what he brought in.
The case was complicated by the fact the husband had also had an accident some years earlier, alleging his disabilities meant he couldn’t work, or walk unaided.
When they separated, he refused to leave our client’s specially adapted house, insisting he was more disabled and she should move out. He then started deliberately making it more difficult for her to move around independently, placing food out of her reach and even turning up when he knew I was there for a meeting with her – the list went on. We needed to apply to the court to remove the husband from their home.
A key feature of this case was the extent of the husband’s disability – he claimed he couldn’t walk unaided, but my client confirmed he was in fact an avid cyclist. He turned up to hearings with walking poles for support, refusing to move out of the family home despite our reminders that the legal costs would be claimed from him.
At the final hearing, he was back with his walking poles, but unfortunately for him our client’s evidence, collected after the separation, included videos of him cycling, photos of him on walking holidays, and detailed logs of when he’d been out cycling. The judge ordered that the husband move out, and for him to pay our client’s costs.
Unsatisfied with his defeat over the occupation of the house, he fought her on the financial side too, steadfastly maintaining his unreasonable position that he should get an equal share in her personal injury settlement. Minutes before the final hearing was due to start, an acceptable offer that left our client with the majority of the assets was made, so she settled.
Our client can finally live her life freely, and begin making adaptations to the house to enhance her independence. During the marriage, the husband had told her some adaptations couldn’t be made – but after he was out of the picture, it was clear they were possible, and he’d been motivated by his greed in trying to save as much of her money as possible.
Helping clients navigate complicated situations like this one and getting the result they wanted is the reason I love my job. I couldn’t imagine doing anything else.
Maisie Huynh is an Associate Solicitor in our family law team, working out of our Sheffield offices. She helps clients with all matters relating to divorce or separation, be it the resolution of their finances or arrangements for their children.
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