Implications of the death of a party in financial proceedings


Produced in partnership with David Salter
Practice notes

Implications of the death of a party in financial proceedings


Produced in partnership with David Salter

Practice notes
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This PrACTice Note provides guidance on the implementation and Enforcement of Financial orders made in family proceedings where one of the parties has died. It considers the effect of the death of a party on applications and secured and unsecured periodical payments, lump sum orders, property adjustment orders and pensions orders. If one of the parties dies before proceedings for divorce/dissolution have been commenced, the parties remain married/in a civil partnership and the estate of the deceased will devolve in accordance with their will or the law of intestacy.

A claim for a financial order is personal to the parties to the marriage/civil partnership and does not survive death. If either party dies before the application under the Matrimonial Causes Act 1973 (MCA 1973) or Civil Partnership Act 2004 (CPA 2004) for financial provision or property adjustment has been made, the court will not have jurisdiction to make a financial order.

If either party dies before financial proceedings are determined, the court will likewise be unable to make a financial

David Salter
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. 

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
ACT definition
What does ACT mean?

Association of Corporate Treasurers.

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