St Ives Chambers

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.

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

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

This Q&A considers the effect of bankruptcy upon a lump sum order.

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

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

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.

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

This Q&A considers transfer options where a property is inherited by several beneficiaries and one wishes to buy out the others. SDLT consequences are also considered.

This Q&A considers the type of application that should be made for the return of a child where the child has been removed by one parent from one part of England and Wales to another part and the other parent objects.

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.

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.

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

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

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.

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.

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

This Q&A considers how personal belongings may be collected from the former matrimonial home when a non-molestation order is in place.