Marika Franceschi is a partner in the Family Law Department based in our Edinburgh office. She has specialised in complex family law matters for around 10 years.
While she is happy to deal with a wide range of issues ranging from residence/contact disputes and separation agreements to petitions under the Hague Convention on International Child Abduction, she has particular experience advising on complex ante-nuptial contracts and high-value claims for financial provision on divorce.
Recent portfolio of cases:
- M v M — Complex case for financial provision in the Court of Session involving a very high-profile family company and assets located in a number of jurisdictions and complex off-shore vehicles. Franceschi managed a team of solicitors from across the firm, forensic accountants and expert witnesses in preparing the case for proof. After three days of evidence, the case settled extra-judicially in her client’s favour.
- DW, Petr. — Long-running action raised under the Hague Convention on International Child Abduction in the Court of Session, This involved a child who had been wrongfully removed from her country of habitual residence, smuggled into the UK on a counterfeit passport and dressed and named in the opposite gender to conceal her identity. After several months of collaboration with various local authorities, the police, private investigators and Interpol, the child was found and returned to her country of origin. This case required extraordinary determination and innovative teamwork from all involved.
- E v R — Sheriff Court application for permission to remove a child to Spain in the face of opposition from the other parent. After several months of negotiations and several days of evidence, an out-of-court settlement was reached that allowed our client to move back home but secured significant contact for the child and the other parent.
- H v H — Contentious divorce in the Court of Session involving business assets that were extremely difficult to value and others that had been valued very differently by each party’s expert witnesses. The case required a pragmatic and innovative approach to negotiations due to the novelty and complexity of the issues involved and the ongoing acrimony between the parties.
A Chambers 2013 client reported: ‘In Marika Franceschi, I have found all that is professional, supportive, sensitive and well informed.’ Franceschi is universally lauded for her success in complex separation cases.
She is also the legal adviser to the Italian Consulate General and regularly assists Italian clients with legal and business-related queries in both Italy and Scotland.
Franceschi is a member of the Family Law Association, Scotland.