David Salter

This Q&A considers the procedure for enforcing a directions order requiring exchange, filing and service of replies to questionnaire and a statement where the order is endorsed with the non-compliance warning notice and the other party has dis-instructed solicitors and only an email address is available for the other party.

This Q&A considers financial dispute resolution (FDR) appointments and the approach to the disclosure of privileged information.

This Q&A considers whether ‘Yes’ should be ticked as a matter of course for question 7 when completing an Acknowledgement of Service (D10) for the new divorce process under the Divorce, Dissolution and Separation Act 2020, which asks if you intend to ask the court to delay the divorce until it is satisfied with your financial situation, and if so, when Form B should be completed.

This Q&A considers service out of the jurisdiction of a divorce application and date of deemed service.

This Q&A considers the options where a paying parent’s income is such that a top-up child maintenance order may be made by the court.

This Q&A sets out the basis on which interest may be payable in relation to an order for costs made in family proceedings.

This Q&A examines the time limit for an acknowledgment of service in relation to a divorce application which is served on a respondent in the US.

This Q&A considers where a financial application in Form A has been made online, issued and served, what the procedure is to amend the Form A to include an application for spousal maintenance and whether permission is required.

This Q&A considers whether it is necessary to serve a Form A financial application on the freeholder of a leasehold property.

This Q&A considers the impact of remarriage on financial applications.

This Q&A considers whether an application pursuant to the Matrimonial Causes Act 1973 or Schedule 1 to the Children Act 1989 should be made where a financial remedies order has been made in divorce proceedings that is silent on school fees and one party then wishes to apply for a school fees order.

This Q&A considers the requirements in relation to the signing of a financial consent order.

This Q&A considers whether a firm of solicitors can act for one spouse in divorce proceedings where they have previously acted for the other spouse in the preparation of their will and where they have acted on numerous occasions for the parties’ company in which both spouses are joint shareholders.

This Q&A considers whether a petitioner can rely on their own psychological aversion to sexual intercourse or whether it must be the respondent's aversion when a marriage has not been consummated due to incapacity.

This Q&A considers whether the court has the power to award compensation for consequential losses flowing from the breach of a financial remedy order.

This Q&A considers the circumstances in which the court may refuse to make a final divorce order.

This Q&A consider how the court will approach the applications where a respondent to a divorce makes an application on Form D11 for an order dismissing the divorce application on the basis that the respondent claims that the parties have reconciled and the applicant opposes that application and wishes to proceed with an application for a conditional order.

This Q&A considers the position where a spouse issues contractual/employment claims against the other spouse during divorce and financial remedy proceedings and whether the contractual/employment claim can be stayed.

This Q&A considers whether, in circumstances where an application for judicial separation has been served but no further steps have been taken and the respondent then makes an application for a divorce order, the divorce proceedings supersede the application for judicial separation or either of the parties need to take steps to have the judicial separation application withdrawn or dismissed.

This Q&A considers whether an application may be made for top up maintenance where a maintenance calculation has not yet been made by the Child Maintenance Service.