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Nicholas Starks#4313

Nicholas Starks

St Ives Chambers

Nicholas is a senior junior counsel of over 20 years’ experience. He specialises in family financial provision, principally financial orders upon divorce but also claims under TLATA, IPFDA, sch 1 Children Act and Civil Partnership Act 2004. Nicholas frequently deals with high net worth claims, involving businesses, farming and overseas assets. Nicholas practices at all levels of the Court hierarchy and has been commended by the Court of Appeal for his 'lucid argument' (Kaur v Matharu [2010] EWCA Civ 930).

Contributed to

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Are the rights of spouses and former spouses to make financial claims against each other brought to an end on remarriage? So if a former spouse remarries they cannot make a financial claim against their former spouse, but that former spouse could still make a financial claim against the remarried spouse? Or can the financial claims only be brought to an end by a court order?
Are the rights of spouses and former spouses to make financial claims against each other brought to an end on remarriage? So if a former spouse remarries they cannot make a financial claim against their former spouse, but that former spouse could still make a financial claim against the remarried spouse? Or can the financial claims only be brought to an end by a court order?
Q&As
Can a financial consent order include two separate spousal periodical payments orders with terms of different lengths?
Can a financial consent order include two separate spousal periodical payments orders with terms of different lengths?
Q&As
Can a financial remedy order include both an undertaking and an order requiring a party to make mortgage payments to maximise the options for enforcement?
Can a financial remedy order include both an undertaking and an order requiring a party to make mortgage payments to maximise the options for enforcement?
Q&As
Can a property adjustment order be made by consent in relation to foreign property, where the property is to be retained in joint names and sold at a later date?
Can a property adjustment order be made by consent in relation to foreign property, where the property is to be retained in joint names and sold at a later date?
Q&As
Can the signatures of both parties to a cohabitation contract be witnessed by the same person?
Can the signatures of both parties to a cohabitation contract be witnessed by the same person?
Q&As
Case law on the impact of the cohabitation of a party appears to relate to the impact on the amount of maintenance awarded by the court. Is there case law on the scenario where the capital resources of a cohabitant have reduced an award of capital to a party on the basis that their needs are met by their cohabitant’s capital resources?
Case law on the impact of the cohabitation of a party appears to relate to the impact on the amount of maintenance awarded by the court. Is there case law on the scenario where the capital resources of a cohabitant have reduced an award of capital to a party on the basis that their needs are met by their cohabitant’s capital resources?
Q&As
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 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 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 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
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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Practice Area

Panel

  • Q&A Panel

Qualified Year

  • 1989

Membership

  • FLBA

Education

  • LLB (Hons) Manchester University 1988
  • Bradford Grammar School
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