Nicholas Starks

This Q&A considers the rights of spouses and former spouses to make financial claims against each other brought to an end on remarriage.

This Q&A considers the drafting of a financial consent order and whether such an order may include two spousal periodical payments orders for different terms.

This Q&A considers whether including both an undertaking and an order as to the payment of a mortgage in a financial order is an effective way to prepare for potential enforcement.

This Q&A considers whether a property adjustment order can be made by consent in relation to foreign property, where the property is to be retained in joint names and sold at a later date.

This Q&A looks at the witness requirements for a cohabitation contract.

This Q&A considers the relevance of cohabitation to capital provision upon divorce.

This Q&A looks at how to enforce an order to transfer a joint life policy against a party who refuses to effect the transfer. The limitation period for enforcement is also considered.

This Q&A considers whether a consent order which is silent as to spousal maintenance will preclude a future application for spousal maintenance.

This Q&A outlines the procedure on an application to make a school fees order pursuant to section 23(1)(d) of the Matrimonial Causes Act 1973.

This Q&A looks at the status of a consent order and pension sharing annex where a party dies after they have been sealed by the court but before the decree absolute.

This Q&A deals with the effect of a provision for costs made in a financial remedy order on an earlier order for costs made in the divorce suit.

This Q&A deals with the responsibility of the parties for the costs of answering questions by a single joint expert.

This Q&A considers the situation where, in financial remedy proceedings on divorce, one party vacates the matrimonial home and purchases another property and whether the other spouse would be entitled to make a claim over the new property.

This Q&A considers equitable accounting, a process whereby an adjustment is made in the ultimate division of the proceeds of sale of a property, following the ascertainment of the parties’ shares.

This Q&A deals with the procedure for obtaining vacant possession following the making of a financial remedy order.

This Q&A deals with the principles to be applied to the beneficial ownership of joint savings accounts.

This Q&A deals with the procedure for filing schedules of deficiencies in the run up to the FDR appointment.

This Q&A deals with the procedure concerning the late withdrawal of financial remedy proceedings and the implications for costs thereof.

This Q&A deals with the treatment of student loans in financial remedy proceedings.

This Q&A considers whether notional costs of sale should be taken into account when properties are to be transferred between spouses, and if so at what rate.