Joshua Moger

I am passionate about Family Law. I act for a very broad range of clients, whether home maker, bread winner, mother or father. My clients or their spouses are entrepreneurs, celebrities, trustees, private equity partners, city professionals, bankers, venture capitalists and those in the art world (amongst many others.) I recognise that the individual needs of each and every client are different and their interests are front and centre of everything I do. I usually act for high net worth and ultra-high net worth individuals, including cases involving an international element or other complexity such as trust structures, offshore assets or dynastic estate planning (UK and abroad).

Accolades

Listed by Spears Wealth Magazine as a ‘protégé’ of Baroness Fiona Shackleton, I was privileged to spend the first ten years of my practice learning from her and some of the country’s pre-eminent family lawyers, representing clients in a number of leading cases that made case law. I am able to bring that wealth of experience to Fladgate’s incredible Private Wealth offering, giving clients the wrap around service they deserve. I am privileged to have been:

• Ranked in the 2023 Legal 500 guide as a ‘Next Generation Partner’.
• Shortlisted by Spears in 2023 as a ‘Future Leader in Private Client Services’
• A ‘recommended’ lawyer in the 2023 Spears 500 Family Lawyer index
• Ranked in the 2022 Legal 500 guide as a ‘Rising Star’ and described as: “Joshua Moger is one to watch. He’s ambitious, hardworking and full of ideas”.
• Listed as a ‘Top 35 under 35’ private client lawyer by eprivateclient.
• Shortlisted for Young Family Lawyer of the Year at the 2020 Family Law Awards. As part of those submissions my clients described me as a lawyer “accomplished beyond his years”, who “delivers wholeheartedly to the cause”, and whose “natural calm, wisdom and astute knowledge of human nature make him a most precious guide and ally”.

Practice Areas

• Complex divorce proceedings, financial remedies arising from divorce and claims for financial provision for unmarried parents or cohabitees (whether under Schedule 1 of the Children Act 1989 or the Trustees of Land and Appointment of Trustees Act 1996).

• Private children law matters, including Child Arrangements Orders (with whom the child is to live or spend time with, formerly ‘residence’ and ‘contact’ Orders), internal or international relocation cases (‘leave to remove’) and child abduction. This includes applications to take a child on holiday, change a child’s school or change a child’s name.

• Enforcement proceedings arising both out of financial remedy proceedings (unpaid sums of money under Judgment Summons, or failure to produce documents, as Contempt of Court) and failure to comply with Children Act Orders.

• Pre-Nuptial, Mid-Nuptial and Post-Nuptial Agreements.

• Personal protective orders, including obtaining (or setting aside) Non-Molestation Orders and Occupation Orders, and financial protective orders, including Freezing Injunctions.

I have been involved in a number of reported cases that have shaped case law, including:

• Versteegh v Versteegh [2018] EWCA Civ 1050. A seminal financial remedies case relating to pre-nuptial agreements, inherited/non-matrimonial/dynastic wealth and valuations of complex business structures worth c. £300m. The case was heard by both the High Court and the Court of Appeal.
• TP v PRBP [2018] EWHC 2433 (Fam). A High Court financial remedies case, involving mental capacity, needs based awards and inherited/non-matrimonial/dynastic wealth.
• AB v CD & C (No 1) [2019] EWHC 1695 (Fam). A High Court Children Act 1989 case, relating to a child’s paternity, and contact disputes arising from it.
• AB v CD & C (No 2) [2019] EWHC 2244 (Fam). Continuing to act for the mother, responding to an (unsuccessful) application by the father to take the child abroad on holiday.
• FRB v DCA (No 1) [2019] EWHC 2816 (Fam). A High Court financial remedies case in which the husband brought an (unsuccessful) claim for damages from the wife (our client) from her alleged deceit.
• FRB v DCA (No 2) [2020] EWHC 754 (Fam). A High Court financial remedies case in which our client (the wife) was awarded £64m, some c. 2,000% more than that sought as an outcome by the husband.
• FRB v DCA (No 3) [2020] EWHC 3696 (Fam) Continuation of the above High Court case in which the husband sought (unsuccessfully) to vary the final order relying on Covid-19 as an ‘unforeseeable’ event under the ‘Barder’ doctrine.
• FRB v DCA (No 4) [2021] 4 WLR 32. Further hearing in the above.
• Barclay v Barclay [2021] EWFC 40 A High Court financial remedies case involving complex offshore structures, with the wife (our client) awarded £100m.
• Barclay v Barclay [2022] EWHC 2026 (Fam). A High Court enforcement application by way of Judgment Summons.
• Barclay v Barclay [2023] EWHC 1179 (Fam). Final order in the above Judgment Summons application.
• SW v IB [2023] EWFC 44. Important case on arbitrating Children Act 1989 cases, including the procedure for appealing the arbitration awards.