Q&As

If the applicant in a sole application for divorce refuses or fails to apply for the conditional order, what are the options and procedures available to the respondent?

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Produced in partnership with David Salter
Published on: 05 June 2024
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The key procedural requirement to be considered in answering this question is to be found in Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 7.12. FPR 2010, SI 2010/2955, 7.12(1)(a) provides that a respondent may not make an application for a matrimonial or civil partnership order for the same relief in respect of the same marriage or civil partnership, unless the first application has been dismissed or finally determined or the court gives permission. Therefore, it is suggested that initially the respondent’s

David Salter
David Salter

Solicitor (non-practising)

David Salter has enjoyed a varied career in family law with over 45 years’ experience. He served as National Head of Family Law at Addleshaw Goddard and, subsequently, as Joint National Head of Family Law at Mills & Reeve, retiring in 2018.

From 1997-1999, David was Chairman of Resolution, also acting as the first Chairman of Resolution’s Accreditation Committee. He subsequently became President of the International Academy of Family Lawyers from 2010 to 2012, having previously served as the Academy's European Chapter President.

He has sat in various part-time judicial posts since 1985 sitting regularly as a deputy High Court judge and Recorder in the Family Court until March 2022. He now conducts private financial dispute resolution appointments.

David was one of the original members of the Family Procedure Rules Committee which framed the 2010 Rules, serving a ten-year term from 2004 to 2014.

He is a prolific author on a variety of family topics with an acknowledged expertise in relation to pensions on divorce. He is a contributor to the Family Court Practice (The Red Book), Butterworths Family Law Service, Rayden and Jackson, the International Family Law Practice and LexisPSL Family. 

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Jurisdiction(s):
United Kingdom

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