David Salter, Joint National Head of Family Law, Mills & Reeve LLP, Deputy High Court Judge and Recorder

David Salter is joint national head of family law at Mills & Reeve. He has over 40 years experience in assisting clients to achieve a fair and cost effective resolution to their family relationship problems, whether divorce, separation or child related. His work includes helping clients whose cases have an international element or where the asset base is complex, perhaps involving corporate structures, family trusts or pension arrangements. Other lawyers regard the family law team at Mills Reeve particularly as being experts in pension aspects of marriage breakdown.

The family team at Mills & Reeve won Private Client Team of the Year 2009 at the Legal Business Awards. Chambers UK comments that the team "distinguishes itself from its local competitors with its depth of expertise and wealth of resources ... when the team is involved in a case you know that it will be dealt with effectively and expeditiously, and that the client will be well looked after". Legal 500 notes that "Efficient, principled and strong in depth, Mills & Reeve has an excellent reputation for family law."

Chambers UK comments that David Salter is a "nationally recognised expert on pensions whilst interviewees say '... what he doesn't know on the subject is not worth knowing.' He is renowned for his technical expertise but 'he wears his learning in a relaxed manner and is able to explain the labyrinth of detail to the lay client"'. Legal 500 says David Salter is "internationally recognised for his expertise in pensions and family breakdown". He is also included in the Citywealth, leading lawyers, family and matrimonial list.

Contributed to

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Applications to restrain future dealing—MCA 1973, s 37
Practice Note

This Practice Note details the jurisdiction and procedure regarding applications under section 37 of the Matrimonial Causes Act 1973 (MCA 1973) to restrain future dealings of financial assets in family proceedings where the applicant believes that a party may take steps to frustrate their financial claim. See also Practice Notes: Interim orders under FPR 2010, Pt 20 and Freezing orders (Mareva).

Applications to set aside past dealings—MCA 1973, s 37
Practice Note

This Practice Note details the jurisdiction and procedure regarding applications under section 37 of the Matrimonial Causes Act 1973 to set aside a financial transaction to a third party in family proceedings where the applicant believes the transaction was made so as to defeat their financial claim.

Assessment of costs
Practice Note

This Practice Note provides guidance on the assessment of costs in family proceedings, including summary assessment and detailed assessment. It looks at assessment on the standard basis and the indemnity basis in private proceedings, publicly funded costs, the authority to assess and when, and the procedure to deal with points of dispute and default costs certificates.

Attachment of earnings order
Practice Note

This Practice Note sets out the requirements and procedure in relation to enforcement of a maintenance order made in the Family Court or the High Court by way of an attachment of earnings order. It details the provisions of the Attachment of Earnings Act 1971 and Part 39 of the Family Procedure Rules 2010 (FPR 2010) as to debts capable of enforcement and the applicable procedure, including who can apply, where the application should be issued, and variation, lapse and discharge of the order. It also looks at the consequences of failure to comply with an order and the cost implications of an order being made.

Charging orders
Practice Note

This Practice Note sets out the requirements to enforce an order made in family proceedings by way of a charging order as provided for by the Charging Orders Act 1979. It includes details of debts that can be enforced, assets that can be charged and enforcement by sale. It also sets out the procedure to be adopted in accordance with Part 40 of the Family Procedure Rules 2010 (FPR 2010) and FPR 2010, PD 40A.

Costs in family proceedings
Practice Note

This Practice Note provides guidance on the rules regarding costs in family proceedings, the application of the Family Procedure Rules 2010 (FPR 2010) and the Civil Procedure Rules 1998 (CPR 1998), and factors taken into account by the court in determining costs including conduct and offers of settlement. It also considers costs on divorce or dissolution, the types of costs orders that may be made by the court, costs in relation to litigants in person and costs orders against non-parties.

Costs in financial proceedings
Practice Note

This Practice Note provides a summary of the rules in relation to costs in proceedings for a financial remedy within divorce or civil partnership proceedings that are subject to the Family Procedure Rules 2010 (FPR 2010) or in financial proceedings that are subject to the Civil Procedure Rules 1998 (CPR 1998).

Declarations of presumed death
Practice Note

This Practice Note deals with the circumstances in which an application may be made under the Presumption of Death Act 2013 that a missing person has died, or has not been known to be alive for a period of at least seven years. Such a declaration is effective against all persons and for all purposes, including for the purposes of the acquisition of an interest in any property, and the ending of a marriage or civil partnership to which the missing person is a party. The provisions of the Guardianship (Missing Persons) Act 2017 are also considered.

Disclosure or inspection orders in relation to non-parties
Practice Note

This Practice Note sets out the procedure and approach to obtaining a disclosure or inspection order regarding a non-party to family proceedings under the provisions of the Family Procedure Rules 2010 (FPR 2010), including case law examples. It also details other procedures whereby a disclosure order may be made, and the implications of a claim of public interest immunity.

Domicile and habitual residence
Practice Note

This Practice Note deals with the determination, and different types, of domicile, including domicile of origin, choice, and dependence, in the context of family proceedings, and provides guidance on how the court will determine domicile and its impact on proceedings. It further details the determination of habitual residence, including that of a child, and relevant case law.

Enforcement against a company or trust
Practice Note

This Practice Note sets out specific considerations where an order made in family proceedings is enforced against a company or trust, commonly known as ‘piercing the corporate veil’, including in cases involving a foreign jurisdiction. It also considers when it may be appropriate to add a trustee, beneficiary or company director as a party to the proceedings.

Enforcement in EU Member States
Practice Note

This Practice Note sets out the definition of maintenance for the purposes of international enforcement in another EU Member State together with the applicable procedure (incoming and outgoing), details of the role of central authorities and the relevant statutory provisions. It also includes practical guidance on the Protection Measures Regulation, European Enforcement Orders and Maintenance Enforcement Business Centres.

Enforcement in non-EU countries
Practice Note

This Practice Note details the various and wide-ranging legislative provisions that apply in relation to non-EU countries for the purpose of international enforcement. It provides practical guidance on reciprocal arrangements in countries outside of the EU including those that are signatories to the Hague Convention 2007, Commonwealth countries, and the United States of America.

Enforcement of financial orders
Practice Note

This Practice Note details initial considerations when considering the enforcement of a financial order made in family proceedings, including the applicable rules for each method of enforcement under both the Family Procedure Rules 2010 (FPR 2010) and the Civil Procedure Rules 1998 (CPR 1998). It also provides guidance on orders that may be made where a party is in contempt, such as a Hadkinson order, and when interest may be payable in relation to a financial order.

Enforcement of undertakings
Practice Note

This Practice Note details initial considerations when considering the enforcement of an undertaking either for the payment of money, or for something other than the payment of money, including enforcement by committal. It also considers the requirements of the Family Procedure Rules 2010 (FPR 2010) as to the wording of an undertaking and service together with wider considerations when drafting undertakings.

Enforcing an order for sale
Practice Note

This Practice Note explains when the court can make an order for the sale of property and practical considerations when seeking a sale. It also covers the limited routes by which an interim order for sale may be sought, and the steps to be taken where one party fails to execute a conveyance together with the procedure to be followed.

Freezing orders (Mareva)—family proceedings
Practice Note

This Practice Note details the provisions in relation to an application for a freezing order to restrain dealings with assets which are the subject of a financial claim in family proceedings including requirements, procedure and relevant case law.

Implications of legal aid
Practice Note

This Practice Note explains the implications of a costs order being made against a legally aided party. It covers limitations on such a costs order, when a legally aided party’s costs protection will come to an end, and the limited range of legal aid to which costs protection applies. It also details when a costs order may be made against the Lord Chancellor.

Implications of the death of a party in financial proceedings
Practice Note

This Practice Note provides guidance on the enforcement and implementation of a financial order made in family proceedings where one of the parties has died. It considers the effect of the death of a party on secured and unsecured periodical payments, lump sum orders, property adjustment orders and pensions.

Inherent and statutory jurisdiction
Practice Note

This Practice Note sets out the basis of the courts’ jurisdiction in family proceedings, including the limited circumstances in which proceedings may be dealt with under the inherent jurisdiction of the court rather than under statute. The inherent jurisdiction largely relates to children proceedings and proceedings in the High Court.

Practice areas

Membership

  • President and Fellow of the International Academy of Matrimonial Lawyers, Resolution

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