DMS
Chambers

Duncan has a specialist practice exclusively focussed on the financial consequences of relationship breakdown (whether following marriage/divorce or unmarried cohabitation).

Duncan was called to the Bar in 2007 and has practised in the field of family law since qualification.  From around 2016 he has focussed exclusively on resolving the financial consequences of relationship breakdown. He is one of only a small number of specialist family property & finance barristers on the North Eastern Circuit who practice exclusively in this field.

Duncan’s practice is centred on complex and high-value (i) financial remedy proceedings following divorce, (ii) chancery disputes between unmarried former-cohabitant couples (‘cohabitation disputes’) including under the Trusts of Land and Appointment of Trustees Act 1996 (‘TLATA’), and (iii) financial provision for children pursuant to Schedule 1 to the Children Act 1989.

Duncan advises in writing and in conference on all aspects of family property and finances, including on the terms of pre-nuptial agreements.

For all clients, the use of out of court options (‘NCDR’ or ‘ADR’) will always be considered – Duncan has been a supporter of private FDRs and Early Neutral Evaluation since their inception, as well as arbitration.  Duncan has also been instructed to provide neutral advice on points of law for the benefit of both parties within the mediation process. In every first conference these options will be explained and considered to see what is right for each case.

Well used to acting for people who are in the public eye (including business owners, renowned members of the medical and other professions, senior police officers, Premier League and international footballers, professional sportspeople, and public servants), absolute discretion is a given.

Whilst based in Leeds, Duncan is instructed in cases throughout England & Wales and is often in the Central Family Court and inner/outer London courts.

Duncan is a member of the Family Law Bar Association (‘FLBA’) and a barrister member of Resolution.

An Apology to the Profession

In 2020 I behaved poorly on a night out, the consequences of which were profound. Having apologised to those directly concerned at the time, I wish to extend that apology to the profession and those indirectly affected. I felt at the time that having behaved that way and having caused that upset to others, the only proper response was to take time away, reflect hard, and put myself in a position where there would be no repeat whatever the circumstances. Having taken that time, I returned to the Bar because I felt I had more to give. I’m immeasurably grateful to all those who have instructed me since my return and filled the diary. I hope to repay that faith in me in service to my clients (lay and professional) and to the profession more widely.

Duncan Maxwell-Stewart
May 2025