David Salter

This Q&A considers whether a parent can claim child maintenance from the other parent in circumstances where the potential paying party earns less than the potential receiving party and may be liable to pay them maintenance pending suit.

This Q&A considers whether a remarried respondent can sign a financial remedy consent order dismissing all financial claims when they have already barred themselves from making claims by virtue of their remarriage.

This Q&A examines whether a sale of property order can be varied, so that the property is transferred to one of the parties instead and a lump sum payment made to the other party.

This Q&A looks at when an application under section 37 of the Matrimonial Causes Act 1973 for an avoidance of disposition order may be appropriate in relation to pension assets.

This Q&A looks at the circumstances in which a nullity of marriage order may be made and non-consummation.

This Q&A considers whether an application can be issued under Schedule 1 to the Children Act 1989, including an application for a legal services payments order, where the child has not yet been born.

This Q&A considers whether an interim order for sale can be made in financial proceedings on divorce where the mortgage on a property is several months in arrears.

This Q&A considers whether an avoidance of disposition order may be made in relation to pension assets.

This Q&A looks at how provision as to the division of proceeds of sale may be varied.

This Q&A considers the nature of undertakings and whether a party in family proceedings may be compelled to give an undertaking to the court.

This Q&A examines the options available where the proposed recipient of pension credit following a pension sharing order refuses to co-operate.

This Q&A looks at the applicable costs regime on an application to vary a financial order.

This Q&A considers top-up child periodical payments

This Q&A examines whether the final order in divorce proceedings can be made earlier than six weeks and one day after the conditional order where one of the parties wishes to get married again

This Q&A considers whether a pre-nuptial agreement has to be personally signed by the parties by hand in the presence of a witness or alternatively if it can be signed via an electronic format.

This Q&A considers whether a cohabitation agreement may be cancelled on the marriage of the parties and the implications of doing so.

This Q&A considers whether, in divorce proceedings, where the applicant wishes to serve notice at the respondent’s place of work, permission is required for that, or the applicant can simply apply for an extension of time to serve.

This Q&A considers whether jurisdiction regarding financial proceedings may be contested where the respondent had accepted the jurisdictional basis of the divorce petition. It also considers the implications of Brexit.

This Q&A considers whether matrimonial/civil partnership proceedings (eg divorce/dissolution) and/or financial remedy proceedings need to be issued before making an application for a freezing order (Mareva injunction) in relation to assets which are (or, following a disposal, would be) situated outside the jurisdiction.

This Q&A considers whether an apprenticeship may equate to secondary education in relation to a trigger event under a Mesher order.