Nicholas Starks#4313

Nicholas Starks

Nicholas is a senior junior counsel of over 20 years’ experience. He specialises in family financial provision, principally financial orders upon divorce but also claims under TLATA, IPFDA, sch 1 Children Act and Civil Partnership Act 2004. Nicholas frequently deals with high net worth claims, involving businesses, farming and overseas assets. Nicholas practices at all levels of the Court hierarchy and has been commended by the Court of Appeal for his 'lucid argument' (Kaur v Matharu [2010] EWCA Civ 930).

Contributed to

34

The parties were briefly married, then divorced but subsequently cohabited for a lengthy period. There
The parties were briefly married, then divorced but subsequently cohabited for a lengthy period. There
Q&A

This Q&A considers the legislation under which a financial claim would be made by cohabitants who were previously briefly married.

The respondent wishes to apply for decree absolute, but the financial proceedings remain pending. Will
The respondent wishes to apply for decree absolute, but the financial proceedings remain pending. Will
Q&A

This Q&A considers the effect of a pronouncement of decree absolute on a pension sharing order.

What is the procedure to make an application for an order staying decree absolute under the inherent
What is the procedure to make an application for an order staying decree absolute under the inherent
Q&A

This Q&A considers the procedure for preventing pronouncement of decree absolute.

What is the procedure to withdraw an application for a financial order after the first appointment has
What is the procedure to withdraw an application for a financial order after the first appointment has
Q&A

This Q&A considers the procedure for withdrawing a financial remedy application after the first appointment and the potential costs consequences of doing so.

What steps can a party to financial proceedings take when they have signed a consent order (which has not
What steps can a party to financial proceedings take when they have signed a consent order (which has not
Q&A

This Q&A considers how to proceed when a party wishes to resile from a consent order which has been agreed but not yet approved by the court.

What steps can be taken where a respondent to a financial application refuses to engage in the
What steps can be taken where a respondent to a financial application refuses to engage in the
Q&A

This Q&A considers how to proceed when a respondent to a financial remedy application refuses to engage in the process.

Where a divorce petition has already been issued, is it possible to file a second divorce petition in
Where a divorce petition has already been issued, is it possible to file a second divorce petition in
Q&A

This Q&A considers the procedure to be adopted when raising alternative facts in support of a divorce and the implication for existing financial remedy proceedings of doing so.

Where a party in financial proceedings has completed a statement of information for a consent order in
Where a party in financial proceedings has completed a statement of information for a consent order in
Q&A

This Q&A deals with the question of how to proceed when a party comes into an inheritance after filing a D81 statement of means but before approval of the order by the court.

Where a party to divorce proceedings changes their name, and a financial consent order has been prepared
Where a party to divorce proceedings changes their name, and a financial consent order has been prepared
Q&A

This Q&A considers the procedure to be adopted where a party changes their name following the preparation of a financial consent order.

Where a party to financial remedy proceedings fails to comply with a directions order, is it more
Where a party to financial remedy proceedings fails to comply with a directions order, is it more
Q&A

This Q&A considers the sanctions that might be pursued to seek compliance with directions orders.

Where a petitioner wishes to appeal a final financial remedy order made in divorce proceedings, can they
Where a petitioner wishes to appeal a final financial remedy order made in divorce proceedings, can they
Q&A

This Q&A considers whether a petitioner can appeal a final financial remedy order made in divorce proceedings before decree absolute is granted and if there is any detriment to them once decree absolute is granted.

Where following the closure of evidence at a final financial remedy hearing, but before judgment has been
Where following the closure of evidence at a final financial remedy hearing, but before judgment has been
Q&A

This Q&A considers whether a judge can admit further evidence after the conclusion of evidence in financial remedy proceedings prior to judgment where there has been a change in circumstances.

Where the decree absolute has been pronounced, and the respondent to the petition has remarried, can the
Where the decree absolute has been pronounced, and the respondent to the petition has remarried, can the
Q&A

This Q&A considers the court’s powers to order financial provision upon divorce, including the power to impose a clean break.

Practice Area

Panel

  • Q&A Panel

Qualified Year

  • 1989

Membership

  • FLBA

Education

  • LLB (Hons) Manchester University 1988
  • Bradford Grammar School

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