David Salter

This Q&A looks at whether a pension attachment order made in relation to an armed forces pension scheme may be discharged and replaced with a pension sharing order.

This Q&A considers the implications of a potential interest acquired by a spouse in an elderly parent's home.

This Q&A considers the remedies available where there has been an overpayment of maintenance

This Q&A considers the situation where a spouse, who remarried and did not make an application for financial provision prior to the remarriage under the Matrimonial Causes Act 1973 (MCA 1973), has made an application under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996). The other spouse has challenged the jurisdiction under TOLATA 1996 and made an application under MCA 1973. Where the court had made an order in the TOLATA 1996 proceedings, this Q&A considers whether the court in the MCA 1973 proceedings can make an order that effectively changes the TOLATA 1996 order, ie a lump sum order that returns any sums paid under an order for an occupation rent.

This Q&A considers the implications of the remarriage of a spouse prior to them making an application for financial remedies.

This Q&A looks at the implications where a joint tenancy was severed and a divorce obtained by a spouse who has subsequently died and without the knowledge of the other spouse.

This Q&A considers an order for child periodical payments and if it will survive the death of the paying party, then how it is administered where the bulk of the estate has been left to the children of the deceased.

This Q&A considers what steps may be taken to vary provision in an order requiring a valuation of property where the parties have agreed a valuation.

This Q&A considers whether the court has jurisdiction to set aside a consent order related to financial proceedings or make another order by consent.

This Q&A considers potential provision for university for a child over the age of 18 where a previous order by consent was superseded by a Child Maintenance Service calculation.

This Q&A considers the steps that may be taken where a party remains in occupation of a property following the trigger event under an order.

This Q&A considers whether a charging order can be secured against a beneficial interest in a property held as tenants in common; and how the charging order would be protected against the title, where for example, the debtor owns a property jointly with other family members and their share of equity is sufficient to provide security for the unpaid lump sum.

This Q&A considers whether an attachment of earnings order can be made in England and Wales where the debtor works for a company registered in Scotland.

This Q&A considers whether an existing divorce application, issued after 6 April 2022, may be amended to one seeking a nullity order.

This Q&A considers whether a divorce petition relying on the fact of two years separation can be amended to rely instead on the respondent’s unreasonable behaviour.

This Q&A considers the use of electronic signatures in family proceedings.

This Q&A considers the general approach and available options when seeking to enforce a financial order made in family proceedings.

This Q&A considers whether a family judge can execute documents under section 39(1) of the Senior Courts Act 1981 in the place of a recalcitrant party where the obligation on that party arises from an undertaking rather than an order.

This Q&A considers if a financial remedy order made by the court in divorce proceedings transferring assets from one spouse to the other can be a reviewable transaction in bankruptcy proceedings?

This Q&A considers the requirements for undertakings in family proceedings.