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St Ives Chambers

Experts

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

78

How may an order to transfer a joint life policy be enforced where one party refuses to effect the transfer? Is there a limitation period within which an order must be enforced?
How may an order to transfer a joint life policy be enforced where one party refuses to effect the transfer? Is there a limitation period within which an order must be enforced?
Q&As

If a consent order includes provision for child maintenance in financial remedy proceedings, but no order for spousal maintenance, would there be a clean break in respect of capital and not in respect of income?
If a consent order includes provision for child maintenance in financial remedy proceedings, but no order for spousal maintenance, would there be a clean break in respect of capital and not in respect of income?
Q&As

If a financial consent order is silent as to school fees and a spouse wishes to make an application for the other spouse to pay school fees, is the application commenced by filing a Form A and what is the court fee payable?
If a financial consent order is silent as to school fees and a spouse wishes to make an application for the other spouse to pay school fees, is the application commenced by filing a Form A and what is the court fee payable?
Q&As

If a foster carer wishes to adopt a child in their care, and this is refused by the local authority, can the foster carer appeal this decision?
If a foster carer wishes to adopt a child in their care, and this is refused by the local authority, can the foster carer appeal this decision?
Q&As

If a landlord has served a counter notice which admits that the tenant has the right to acquire a new lease and in the notice does not accept the proposed monetary payment, but the landlord does not make a counter proposal of how much money the landlord will accept, is the notice invalid and is there anything can be done about this?
If a landlord has served a counter notice which admits that the tenant has the right to acquire a new lease and in the notice does not accept the proposed monetary payment, but the landlord does not make a counter proposal of how much money the landlord will accept, is the notice invalid and is there anything can be done about this?
Q&As

If a party dies after a consent order and pension sharing annex has been sealed by the court but before decree absolute, will the consent order and pension sharing order be effective? Will the surviving party receive the financial settlement under the consent order?
If a party dies after a consent order and pension sharing annex has been sealed by the court but before decree absolute, will the consent order and pension sharing order be effective? Will the surviving party receive the financial settlement under the consent order?
Q&As

In divorce proceedings an order for costs was made against the respondent. A consent order was subsequently made and stated to be in full and final satisfaction of all claims including legal costs, including the divorce proceedings. Can the petitioner still enforce the costs order made in the divorce proceedings against the respondent?
In divorce proceedings an order for costs was made against the respondent. A consent order was subsequently made and stated to be in full and final satisfaction of all claims including legal costs, including the divorce proceedings. Can the petitioner still enforce the costs order made in the divorce proceedings against the respondent?
Q&As

In financial proceedings, is a jointly instructed expert entitled to charge for dealing with questions raised to clarify the report? If so, how are those costs apportioned between the parties, eg are they shared equally if the costs of the expert report are to be paid equally or does the party raising the questions pay?
In financial proceedings, is a jointly instructed expert entitled to charge for dealing with questions raised to clarify the report? If so, how are those costs apportioned between the parties, eg are they shared equally if the costs of the expert report are to be paid equally or does the party raising the questions pay?
Q&As

In financial remedy proceedings on divorce, where one party has vacated the matrimonial home and purchased another property would the other spouse be entitled to make a claim over the new property?
In financial remedy proceedings on divorce, where one party has vacated the matrimonial home and purchased another property would the other spouse be entitled to make a claim over the new property?
Q&As

In financial remedy proceedings, where the husband has credit cards that are in his sole name but were used for the benefit of the family by way of general family living expenses during a long marriage, is the onus on the husband to prove that the credit cards debts are family debts or is it on the wife to prove that they are not family debts and were used solely for the benefit of the husband?
In financial remedy proceedings, where the husband has credit cards that are in his sole name but were used for the benefit of the family by way of general family living expenses during a long marriage, is the onus on the husband to prove that the credit cards debts are family debts or is it on the wife to prove that they are not family debts and were used solely for the benefit of the husband?
Q&As

In proceedings for a financial remedy on divorce can the court order the parties to renovate or do works to a property from their own funds prior to sale of the property?
In proceedings for a financial remedy on divorce can the court order the parties to renovate or do works to a property from their own funds prior to sale of the property?
Q&As

In proceedings under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), does equitable accounting only apply to the period after cohabiting parties have separated, or can the court consider the whole period they lived together at the property? Where a couple jointly own a property, but one party has paid all repayments in relation to a registered loan during their relationship, can that person argue under TOLATA 1996 that they should have an enhanced share of the sale proceeds?
In proceedings under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), does equitable accounting only apply to the period after cohabiting parties have separated, or can the court consider the whole period they lived together at the property? Where a couple jointly own a property, but one party has paid all repayments in relation to a registered loan during their relationship, can that person argue under TOLATA 1996 that they should have an enhanced share of the sale proceeds?
Q&As

Is an application for vacant possession in family proceedings made under Family Procedure Rules 2010, 9.24? If so, what is the procedure, and is the application made in Form D11? Can such an application be combined with other applications, for example, the enforcement of a financial order by an attachment of earnings order or in relation to the breach of a non-molestation order?
Is an application for vacant possession in family proceedings made under Family Procedure Rules 2010, 9.24? If so, what is the procedure, and is the application made in Form D11? Can such an application be combined with other applications, for example, the enforcement of a financial order by an attachment of earnings order or in relation to the breach of a non-molestation order?
Q&As

Is it possible to have a common intention constructive trust over joint savings held in an account in the sole name of one party, or is that doctrine limited to property?
Is it possible to have a common intention constructive trust over joint savings held in an account in the sole name of one party, or is that doctrine limited to property?
Q&As

Is permission required from the court to file a schedule of deficiencies for the financial dispute resolution appointment (FDR) on an application for a financial order, and should such a schedule be included in the bundle?
Is permission required from the court to file a schedule of deficiencies for the financial dispute resolution appointment (FDR) on an application for a financial order, and should such a schedule be included in the bundle?
Q&As

Is the court’s permission required for an applicant to withdraw their application for a financial remedy within a week of the final hearing of that application? What would be the consequences of withdrawing the application at such a late stage?
Is the court’s permission required for an applicant to withdraw their application for a financial remedy within a week of the final hearing of that application? What would be the consequences of withdrawing the application at such a late stage?
Q&As

Is there any case law regarding circumstances where the court has set out the basis upon which it can be implied into a tenancy that the landlord has the right to forfeit a tenancy for nonpayment of rent? Does the fact that the parties did not enter into a written tenancy or lease make any difference?
Is there any case law regarding circumstances where the court has set out the basis upon which it can be implied into a tenancy that the landlord has the right to forfeit a tenancy for nonpayment of rent? Does the fact that the parties did not enter into a written tenancy or lease make any difference?
Q&As

Is there family case law involving the consideration of student loans, and when or whether they are to be repaid or written off? How is a student loan treated if it is not being paid off by a party and is unlikely to be?
Is there family case law involving the consideration of student loans, and when or whether they are to be repaid or written off? How is a student loan treated if it is not being paid off by a party and is unlikely to be?
Q&As

On an application under section 31 of the Matrimonial Causes Act 1973 to vary an existing unsecured spousal periodical payments order, can the court vary the order to make provision for it to be secured? Are there any case law examples of this?
On an application under section 31 of the Matrimonial Causes Act 1973 to vary an existing unsecured spousal periodical payments order, can the court vary the order to make provision for it to be secured? Are there any case law examples of this?
Q&As

Should costs of sale be taken into account when properties are transferred between spouses? If so, what percentage should this be?
Should costs of sale be taken into account when properties are transferred between spouses? If so, what percentage should this be?
Q&As

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