Carina Smith

Carina is a Partner within our award winning family law team.

Carina has over 15 years’ experience practising exclusively in family law (formerly at RadcliffesLeBrasseur) and is recognised for her strategic and bespoke approach. Spearheading our international family work in London, Carina has developed a strong international practice which has been recognised by her inclusion within the excellence category of the Private Client Global Elite Directory. She advises both domestic and overseas clients on divorce, civil partnership dissolution and all areas of matrimonial finance and private law children work including child arrangements and applications for leave to relocate with a child.

Carina regularly attends legal conferences overseas in order to ensure she is at the cutting edge of the latest developments in International Family Law. Most recently she attended the International Academy of Family Law (IAFL) Asia Pacific Chapter Meeting in Bangkok to develop her knowledge of family law in the Asia Pacific region, as well as the European Chapter meetings in Istanbul and Thessaloniki to keep abreast of European developments. Her international expertise ensures that prompt action can be taken to protect her clients’ interests and also to avoid issues with enforcement overseas. She is a member of the International Bar Association.

Carina has worked with clients with assets throughout Europe as well those with assets further afield including Argentina, Azerbaijan, the Bahamas, Canada, Cambodia, Hong Kong, India, Jordan, Malaysia, Nigeria, Pakistan, Russia, South Africa, the United Arab Emirates and the United States. She is able to call upon advice from connected overseas advisors to ensure a smooth process for international clients. She regularly advises high net worth clients and works closely with Weightmans highly regarded international private wealth team to provide divorcing clients with advice in respect of the taxation and wealth planning.

Where parties obtain a divorce overseas or are the subject of an overseas order, Carina can work alongside a client’s international lawyer to provide UK advice on implementing and enforcing the order. She can also advise in respect of any further claims that may be available to clients such as a claim in the UK for financial relief after an overseas divorce under the Matrimonial and Family Proceedings Act 1984. Carina was recently successful in obtaining leave for a parent to return to Hong Kong with their child in circumstances where the child had been ordered to return to the UK by the Hong Kong court.

Carina is experienced at drafting pre-nuptial and post-nuptial agreements and provides invaluable advice to clients who already have an agreement in place. For example, Carina has been successful in the High Court in enforcing a multi-million pound post-nuptial agreement where her client’s spouse was arguing that the agreement should not be upheld. She has also been successful in overturning a pre-nuptial agreement entered into by an international client by arguing that the circumstances surrounding the agreement were unfair.

Carina is able to call upon Weightmans’ award winning international private wealth and corporate teams in relation to wealth protection. This extends not only to clients intending to marry but also to third parties that may be impacted if the marriage subsequently breaks down. For example, Carina advises business owners on corporate pre-nuptial agreements to protect their company in the event of the divorce of one or more of its directors or shareholders. She recently acted for a wealthy international businessman to successfully preserve his entire interest in a UK family business in circumstances where it was being attacked within his brother’s UK divorce proceedings. She also advises family members in matters ranging from ensuring loan monies are protected (such as funds loaned to a child to purchase the family home) to ensuring preservation of substantial assets held within family trust structures and/or inherited assets.

Carina feels strongly about the importance of cohabitees and unmarried parents ensuring that they are financially protected in the event of separation. She advises in relation to cohabitation agreements, trust declarations for jointly owned properties and applications for financial relief for unmarried parents known as Schedule 1 applications. See Carina's recent article about why this protection matters.

As a member of Resolution, she is committed to resolving her cases in a constructive and non-confrontational manner if possible. Carina is often praised by clients and peers for her compassionate approach and client care.