David Salter

This Q&A considers whether privilege attaches to an expert's report in family proceedings.

This Q&A considers the best methods of enforcement of arrears where an order for the payment of school fees under section 23(1)(d) of the Matrimonial Causes Act 1973 has been made.

This Q&A considers possible options to protect an order for periodical payments where the payer is in poor health.

This Q&A considers whether, if engaged parties own a property as beneficial joint tenants and one party asserts that their beneficial interest is greater than 50% due to substantial contributions to the deposit and funding renovations to the property, if there is any advantage in making an application under the Married Women’s Property Act 1882 as opposed to the Trusts of Land and Appointment of Trustees Act 1996. It also considers what an applicant needs to show in order to succeed in either type of proceedings.

This Q&A considers the courts inherent jurisdiction to stay the granting of a final order and whether a conditional order must be in place for such an application to be made.

This Q&A considers the remedies that may be available where a party fails to pay their share of pension sharing charges as set out in a pension sharing annex.

This Q&A addresses the steps an applicant spouse must take in a situation where one spouse wishes to issue proceedings for a divorce and a financial remedy order but the other spouse does not have mental capacity.

This Q&A considers whether the English courts have jurisdiction where parties have reached an agreement as to how their assets will be divided upon divorce and where the parties want the financial agreement to be incorporated into a consent order, one party is from Italy and lives in Abu Dhabi and the other party is from England but lives in Spain and the assets are located in England, Spain and UAE.

This Q&A looks at service outside the jurisdiction in family proceedings, methods of service and when an application may be made for service by an alternative method.

This Q&A looks at whether property previously transferred between spouses may be treated as non-matrimonial in nature in later financial proceedings on divorce.

This Q&A considers whether an application for a matrimonial order can be served by email outside of the jurisdiction.

This Q&A considers whether, where the family home is jointly owned by one of the parties and a third party (eg a relative), the third party need to be joined as a party for the purposes of a financial consent order and the procedure thereof.

This Q&A considers where the respondent in divorce proceedings lives in Finland and does not have an email address, can the applicant effect service on the respondent or is it necessary for the Finnish Central Authority to affect service.

This Q&A looks at the correct approach where a respondent in divorce proceedings wishes to prevent the applicant from applying for the final order until the finances have been resolved.

This Q&A considers whether non-molestation or occupation orders may be made in other family proceedings where an application has not already been made under the Family Law Act 1996.

This Q&A considers whether the notice to show cause (Deans summons) procedure may be used in proceedings under Schedule 1 to the Children Act 1989 where one party asserts that an agreement was reached between the parties.

This Q&A considers the impact of a Mesher order on a clean break order.

This Q&A covers when an agreement reaches financial remedy proceedings, should not be made into a consent order.

This Q&A considers when an agreement which reaches financial remedy proceedings should not be made into a consent order.

This Q&A looks at the procedural requirements where permission to appeal has been refused and a request for an oral hearing is to be made.