Q&As

In financial remedy proceedings, will the court make a lump sum order against a party who has taken money from a child’s bank account for their own use?

Produced in partnership with David Salter

Published on: 03 December 2024

The court has jurisdiction to make a lump sum order in financial remedy proceedings on divorce, dissolution, nullity or (judicial) separation against a party to pay money to the other spouse/civil partner (section 23(1)(c) of the Matrimonial Causes Act 1973 (MCA 1973) or its Civil Partnership Act 2004 (CPA 2004) equivalent, CPA 2004, Sch 5 Pt 1, para 2(1)(c)), or to pay money to a child of the family or a specified person for the benefit of a child of the family (MCA 1973, s 23(1)(f)/CPA 2004, Sch 5 Pt 1, para 2(1)(f)).

In considering whether to exercise its discretion to make such an order, the

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.