Chris Bryden

This Q&A considers the powers of the court to exercise the division of assets upon the breakdown of a marriage.

This Q&A considers the situation of one party using savings to pay legal fees by one party in private children proceedings and whether the other party (who is legally aided) can argue in subsequent financial proceedings that the savings spent on legal fees should be added back into the marital assets on the basis that the savings plus a pension are the only assets.

This Q&A considers whether an acceptance of an offer to settle financial issues in divorce proceedings is binding.

This Q&A considers how receipt of a tax-free private pension lump-sum affects the Child Maintenance Service calculation of child maintenance payable.

This Q&A considers the CMS, and how maintenance is calculated where the paying party receives a redundancy payment.

This Q&A considers whether there is any reason why the receiving party must proceed to a detailed assessment where a payment on account is ordered by the court under CPR 44.2(8). It also considers whether there is anything that prevents the receiving party from declining detailed assessment, and instead relying on and enforcing the interim payment on account.

This Q&A looks into the time limits for extending the implementation of a pension sharing order.

This Q&A considers whether a receiving parent can apply to vary a periodical payments order when the child is over 18, or whether the application can only be made when the child is 18.

This Q&A considers how a person who has received notice of an application for home rights may challenge or cancel the notice if the application was made in error by their ex-partner, whom they are not (nor have they ever been) married to or in a civil partnership with.

This Q&A considers whether a tenant is required to reinstate the original floor after having installed a mezzanine floor and whether the repairing obligations in the lease include a requirement that the tenant remove any alterations/additions to the property made during any period of occupation prior to the start of the term.

This Q&A looks at the insolvency issues around a commercial lease.

This Q&A discusses the form of restriction to be used in box 8 of HM Land Registry Form CH1 where a private mortgage is secured on residential property in a family matter to secure that the owner of the property pay the mortgagee the £20,000 at the point that the youngest child reaching 18.

This Q&A looks at what the legal position is where a property has been built on land by someone other than the owner.

This Q&A considers whether an earlier equitable charge over a beneficial interest can take priority over a later legal mortage.

This Q&A considers a situation where a property is registered in the parties’ joint names, the cohabiting relationship breaks down and one party moves out of the property. It looks at the options are available to the remaining owner to remove their former cohabitant from the title of the property where the former cohabitant made no financial contribution whatsoever to the property and also what the remaining owner can do if their former cohabitant refuses to reply to any communications.

This Q&A considers the effect of a restriction entered under section 9 of the Housing Association Act 1985.

This Q&A consider whether, where a property is transferred without an express right of access, this will be implied for maintenance purposes.

This Q&A considers how trustees, as the owners of a property under a Will trust, are able to evict an occupier of the property upon termination of a licence. For the purposes of this Q&A, we have also considered whether the occupier has a beneficial interest in the property.

This Q&A discusses the process after a puisne mortgage has been registered against title to land

This Q&A considers whether a purchaser company needs to be registered at Companies House where they have entered into a legal charge to secure overage sums.