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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

Where a party to divorce proceedings changes their name, and a financial consent order has been prepared detailing the parties’ original names as in the divorce suit, what is the procedure required to reflect the party’s new name in the consent order?
Where a party to divorce proceedings changes their name, and a financial consent order has been prepared detailing the parties’ original names as in the divorce suit, what is the procedure required to reflect the party’s new name in the consent order?
Q&As

Where a party to financial remedy proceedings fails to comply with a directions order, is it more appropriate to make an application for a penal notice to be applied to the order or to ask the court to impose other sanctions? What other sanctions can the court impose?
Where a party to financial remedy proceedings fails to comply with a directions order, is it more appropriate to make an application for a penal notice to be applied to the order or to ask the court to impose other sanctions? What other sanctions can the court impose?
Q&As

Where a party transferred their interest in the former family home to the other party without legal advice and full and frank disclosure, will the property still be treated as a marital asset in financial proceedings? Could an argument be made that there should be a departure from equality due to the transfer? Would the period of time that has elapsed between decree absolute (and the transfer of the former family home) and the issue of the financial application have any bearing on this?
Where a party transferred their interest in the former family home to the other party without legal advice and full and frank disclosure, will the property still be treated as a marital asset in financial proceedings? Could an argument be made that there should be a departure from equality due to the transfer? Would the period of time that has elapsed between decree absolute (and the transfer of the former family home) and the issue of the financial application have any bearing on this?
Q&As

Where a petitioner wishes to appeal a final financial remedy order made in divorce proceedings, can they do so before decree absolute is granted and is there any detriment to them once decree absolute is granted?
Where a petitioner wishes to appeal a final financial remedy order made in divorce proceedings, can they do so before decree absolute is granted and is there any detriment to them once decree absolute is granted?
Q&As

Where a piece of land is purchased which has rights over an adjoining piece of land to ‘connect to service apparatus now serving or to be laid within the perpetuity period over or under the adjoining land in common with the transferee and all other persons entitled to a like right’. Does a right to connect also imply a right to use such services apparatus?
Where a piece of land is purchased which has rights over an adjoining piece of land to ‘connect to service apparatus now serving or to be laid within the perpetuity period over or under the adjoining land in common with the transferee and all other persons entitled to a like right’. Does a right to connect also imply a right to use such services apparatus?
Q&As

Where a redundancy payment is received by a party during the course of the marriage, will it be treated as part of the marital acquest?
Where a redundancy payment is received by a party during the course of the marriage, will it be treated as part of the marital acquest?
Q&As

Where accommodation is provided under sections 192(2) and (3) of the Housing Act 1996 (HA 1996), is a notice pursuant to section 3 of the Protection from Eviction Act 1977 or a court order required to secure possession?
Where accommodation is provided under sections 192(2) and (3) of the Housing Act 1996 (HA 1996), is a notice pursuant to section 3 of the Protection from Eviction Act 1977 or a court order required to secure possession?
Q&As

Where following the closure of evidence at a final financial remedy hearing, but before judgment has been delivered, there has been a change in circumstances can the judge have regard to those changes when delivering judgment?
Where following the closure of evidence at a final financial remedy hearing, but before judgment has been delivered, there has been a change in circumstances can the judge have regard to those changes when delivering judgment?
Q&As

Where the decree absolute has been pronounced, and the respondent to the petition has remarried, can the respondent apply to the court for an order dismissing the petitioner’s claims and for a clean break?
Where the decree absolute has been pronounced, and the respondent to the petition has remarried, can the respondent apply to the court for an order dismissing the petitioner’s claims and for a clean break?
Q&As

Where the original transfer does not require a variation to be by deed and the covenantee issues a simple written release, will a successor to the covenantee be bound by that release (assuming that it was not possible to register the release at HM Land Registry)?
Where the original transfer does not require a variation to be by deed and the covenantee issues a simple written release, will a successor to the covenantee be bound by that release (assuming that it was not possible to register the release at HM Land Registry)?
Q&As

Where the respondent is forbidden by a non-molestation order from contacting the applicant or instructing others to do so, what can he do to collect items from the former matrimonial home when he has written to the applicant's solicitor but has received no response?
Where the respondent is forbidden by a non-molestation order from contacting the applicant or instructing others to do so, what can he do to collect items from the former matrimonial home when he has written to the applicant's solicitor but has received no response?
Q&As

Where the subject matter that may be the object of a future dispute in the event that spouses divorce is predominantly property, is it more appropriate for them to enter into a declaration of trust or a post nuptial deed?
Where the subject matter that may be the object of a future dispute in the event that spouses divorce is predominantly property, is it more appropriate for them to enter into a declaration of trust or a post nuptial deed?
Q&As

Where the use of a drainage easement is subject to the payment towards maintenance costs, can the grantee be cut off from using the easement where they have failed to make payment towards maintenance?
Where the use of a drainage easement is subject to the payment towards maintenance costs, can the grantee be cut off from using the easement where they have failed to make payment towards maintenance?
Q&As

Where there are no divorce proceedings and no financial application before the court, but there are proceedings for an occupation order under the Family Law Act 1996 (FLA 1996), does the court have power under FLA 1996 or under any other provision to make an order requiring the party remaining in the matrimonial home to make a lump sum payment to the party leaving the home to cover accommodation costs?
Where there are no divorce proceedings and no financial application before the court, but there are proceedings for an occupation order under the Family Law Act 1996 (FLA 1996), does the court have power under FLA 1996 or under any other provision to make an order requiring the party remaining in the matrimonial home to make a lump sum payment to the party leaving the home to cover accommodation costs?
Q&As

Which is the correct claim form to use where a claimant seeks an order for sale of a property under the Trusts of Land and Appointment of Trustees Act 1996?
Which is the correct claim form to use where a claimant seeks an order for sale of a property under the Trusts of Land and Appointment of Trustees Act 1996?
Q&As

Will the benefit and burden of restrictive covenants contained within an overage deed run with the land?
Will the benefit and burden of restrictive covenants contained within an overage deed run with the land?
Q&As

Would an option to renew within a genuine licence to occupy arrangement mean there is a risk it could be construed as a lease?
Would an option to renew within a genuine licence to occupy arrangement mean there is a risk it could be construed as a lease?
Q&As

Would it be reasonable to require a beneficiary to pay the costs of a mortgage while in occupation of a property by virtue of section 13 of the Trusts of Land and Appointment of Trustees Act 1996? What case law is there dealing with this issue?
Would it be reasonable to require a beneficiary to pay the costs of a mortgage while in occupation of a property by virtue of section 13 of the Trusts of Land and Appointment of Trustees Act 1996? What case law is there dealing with this issue?
Q&As

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