St Ives Chambers

Experts

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Kirstie Danton
St Ives Chambers
Nicholas Starks
St Ives Chambers
Contributions by St Ives Chambers Experts

39

Are the powers of a recovery order in children's care proceedings unlimited or can a child only be
Are the powers of a recovery order in children's care proceedings unlimited or can a child only be
Q&A

This Q&A looks at the singular issue of whether a recovery order in care proceedings is unlimited or ceases to have effect upon recovery of the child.

Are the rights of spouses and former spouses to make financial claims against each other brought to an
Are the rights of spouses and former spouses to make financial claims against each other brought to an
Q&A

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

Can a financial consent order include two separate spousal periodical payments orders with terms of
Can a financial consent order include two separate spousal periodical payments orders with terms of
Q&A

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.

Can a financial remedy order include both an undertaking and an order requiring a party to make mortgage
Can a financial remedy order include both an undertaking and an order requiring a party to make mortgage
Q&A

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.

Can a property adjustment order be made by consent in relation to foreign property, where the property is
Can a property adjustment order be made by consent in relation to foreign property, where the property is
Q&A

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.

Can admissions contained in 'without prejudice' documentation in children matters be admissible ie where
Can admissions contained in 'without prejudice' documentation in children matters be admissible ie where
Q&A

This Q&A considers the issue of without prejudice documentation in children matters, when such communications may be admissible, and when they will attract immunity.

Can the signatures of both parties to a cohabitation contract be witnessed by the same person?
Can the signatures of both parties to a cohabitation contract be witnessed by the same person?
Q&A

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

Case law on the impact of the cohabitation of a party appears to relate to the impact on the amount of
Case law on the impact of the cohabitation of a party appears to relate to the impact on the amount of
Q&A

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

How may an order to transfer a joint life policy be enforced where one party refuses to effect the
How may an order to transfer a joint life policy be enforced where one party refuses to effect the
Q&A

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.

If a consent order includes provision for child maintenance in financial remedy proceedings, but no order
If a consent order includes provision for child maintenance in financial remedy proceedings, but no order
Q&A

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

If a financial consent order is silent as to school fees and a spouse wishes to make an application for
If a financial consent order is silent as to school fees and a spouse wishes to make an application for
Q&A

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.

If a party dies after a consent order and pension sharing annex has been sealed by the court but before
If a party dies after a consent order and pension sharing annex has been sealed by the court but before
Q&A

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.

In divorce proceedings an order for costs was made against the respondent. A consent order was
In divorce proceedings an order for costs was made against the respondent. A consent order was
Q&A

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.

In financial proceedings, is a jointly instructed expert entitled to charge for dealing with questions
In financial proceedings, is a jointly instructed expert entitled to charge for dealing with questions
Q&A

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

In financial remedy proceedings on divorce, where one party has vacated the matrimonial home and
In financial remedy proceedings on divorce, where one party has vacated the matrimonial home and
Q&A

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.

In proceedings under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), does
In proceedings under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), does
Q&A

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.

Is an application for vacant possession in family proceedings made under Family Procedure Rules 2010,
Is an application for vacant possession in family proceedings made under Family Procedure Rules 2010,
Q&A

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

Is it possible to have a common intention constructive trust over joint savings held in an account in the
Is it possible to have a common intention constructive trust over joint savings held in an account in the
Q&A

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

Is permission required from the court to file a schedule of deficiencies for the financial dispute
Is permission required from the court to file a schedule of deficiencies for the financial dispute
Q&A

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

Is the court’s permission required for an applicant to withdraw their application for a financial remedy
Is the court’s permission required for an applicant to withdraw their application for a financial remedy
Q&A

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

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