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.

Contributed to

109

Writ or warrant of control

Practice notes

This Practice Note explains how to enforce a debt within family proceedings against a debtor’s goods and chattels where a judgment or order for payment of money has been obtained by a writ or warrant of control (formerly a writ of fieri facias or a warrant of execution). It sets out the applicable procedure to execute against goods, together with guidance on requirements for permission, exempt goods, and fees.

Family

Writ or warrant of delivery

Practice notes

This Practice Note explains what a writ or warrant of delivery is and when this can be used to enforce an order providing for the delivery or transfer of specific goods in the context of enforcement in family proceedings. It sets out the applicable procedure together with guidance on the application for permission, the documents that need to be filed and the steps following issue of the warrant.

Family

Writ or warrant of possession of land

Practice notes

This Practice Note explains the steps to take when seeking possession of land or buildings under the terms of an order made in family proceedings. It sets out the applicable procedure together with guidance on obtaining a writ (High Court) or warrant (County Court) of possession of land.

Family

Where a firm of solicitors have been instructed to act in divorce proceedings for a client for whom they have acted for years but where they have also acted for the other spouse in the preparation of their will (not a ‘mirror’ of the clients will) and where they have acted on numerous occasions for the parties’ company in which both spouses are joint shareholders, are they able to act in the divorce proceedings or does a conflict of interest arise?

Q&As

Family

Where a marriage has not been consummated due to the incapacity of one party, can the petitioner rely on their own psychological aversion or must it be that the respondent was psychologically averse to sexual intercourse?

Q&As

Family

Where an application has been made to the Child Maintenance Service but a calculation has not yet been made, can an application be made under Schedule 1 to the Children Act 1989 for both top up maintenance and school fees?

Q&As

Family

Where an order for payment of school fees under section 23(1)(d) of the Matrimonial Causes Act 1973 has been made, what is the best method of enforcement of arrears? Should an application be made for an order for such method of enforcement as the court may consider appropriate? In the event that the applicant enforcing the order wishes to seek capitalisation of the school fees is a separate application to vary required?

Q&As