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About Duncan Maxwell-Stewart, Barrister
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.
Practice Areas
Financial Remedies on Divorce
Resolving the financial consequences of divorce
Cohabitation Disputes
Resolving disputes as to property and other assets for unmarried former partners
Financial Provision for Children
Financial provision for children under Schedule 1 to the Children Act 1989
Testimonials
"He is an excellent advocate and provides extremely measured advice in conference. He brings strategic thinking to cases which he carries effectively from advice to court. This plays a key part in the excellent outcomes Duncan achieves for clients."
- Legal 500
"Duncan is a formidable tactician and advocate. He is phenomenal - incredibly intelligent and has an amazing ability to get to grips with cases."
- Chambers & Partners
Contact DMS Chambers
About
Duncan has a specialist practice exclusively based upon the financial consequences of relationship breakdown (whether following marriage/divorce or unmarried cohabitation).
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Duncan Maxwell-Stewart Ltd
10-12 East Parade
Leeds
LS1 2BH
E: dms@dmschambers.com
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Duncan Maxwell-Stewart is employed by and works on behalf of Duncan Maxwell-Stewart Ltd. Duncan Maxwell-Stewart Ltd is a limited company with registered number 09448536 and VAT number 948112031. The registered address is Duncan Maxwell-Stewart Ltd, 10-12 East Parade, Leeds, LS1 2BH. Duncan Maxwell-Stewart and Duncan Maxwell-Stewart Ltd are authorised and regulated by the Bar Standards Board. For more details visit: www.barstandardsboard.org.uk
