David Salter

This Q&A considers whether it is possible to abridge the time for pronouncement of decree nisi in divorce proceedings that were commenced before 6 April 2022 and whether it is possible to abridge the time for pronouncement of the conditional order in proceedings commenced on or after 6 April 2022.

This Q&A considers whether it is possible to apply for a clean break financial remedy order by consent in England after a foreign divorce.

This Q&A considers whether it is possible to start the divorce process in England and Wales without revealing your current address where there are no safety concerns.

This Q&A considers whether the effect of section 8 of the post-Divorce, Dissolution and Separation Act 2020 (DDSA 2020) version of Form D8 as to whether the applicant wishes to apply for financial orders is the same as the ‘prayer’ in the pre-DDSA 2020 version of Form D8, and what the implications are of the applicant either completing the form to confirm that they do wish to apply for financial orders or failing to confirm in the form that they wish to apply for financial orders.

This Q&A considers factors that will be relevant as to the earning capacity and income of a party who is a primary carer.

This Q&A examines jurisdictional issues when issuing divorce proceedings when a party is residing outside of England & Wales.

This Q&A considers whether both Form A and Form B should be issued when an application under section 10(2) of the Matrimonial Causes Act 1973 is needed to prevent a conditional order being made final in divorce proceedings.

This Q&A considers whether an application to the court is required where written questions about an expert's report are to be put to a single joint expert more than ten days after the date on which the expert's report was served.

This Q&A considers the court’s approach to the division of marital assets when the former matrimonial home is used to run a business.

This Q&A considers how to enforce a financial settlement granted in Japan against a spouse in the UK.

This Q&A considers parties who entered into a financial remedy order by consent which included an undertaking by one party to use their best endeavours to secure the other party’s release from the joint mortgage and they have failed to comply with many years after the order was made. The order did not include an order for sale, can the other party apply to enforce the undertaking and/or seek an order for sale?

This Q&A looks at how an agreement for the sale of a business may be dealt with in an order.

This Q&A looks at how an agreement for the sale of a business may be dealt with in an order.

This Q&A examines what steps can that person take to prevent a sale of a property where a couple has divorced but one party, who is not the registered proprietor, still lives in the property.

This Q&A considers what the position is where the parties own a property as joint tenants and a financial remedy order has been made by the court which provides for the property to be sold and balance divided between the parties equally but one party dies after the decree absolute/final divorce order is obtained, but before the property is sold.

This Q&A examines the impact of remarriage on financial claims on divorce.

This Q&A considers the courts jurisdiction to make orders in a financial remedy application where divorce proceedings are issued by a wife in England against her husband who is domiciled in England and Wales.

This Q&A considers the factors a proposed applicant for a divorce order in England and Wales might consider before proceeding in circumstances where both parties are habitually resident in a non-Commonwealth state outside the EU, which is not a party to the 2007 Hague Convention. The jurisdictional connection contended for is the applicant’s sole domicile and/or the parties’ joint domicile in England and Wales.

This Q&A looks at whether a child who is fostered or a child who is the subject of a special guardianship order may be treated as a child of the family in financial remedy proceedings on divorce.

This Q&A considers capital gains tax in relation to transfers between spouses or civil partners.