David Abberton

David Abberton

Year of Call: 1994

David was called to the Bar in 1994 and is a senior Family Law practitioner. He brings substantial experience and an analytical mind to all of his cases. His practice falls into two main areas but he accepts instructions in a wide range of allied claims and applications.

Children
David deals with a large number of Public Law (Child Care) cases where, for varying reasons, the State has intervened to protect children. He is instructed by Local Authorities, parents, members of the extended family and on behalf of the children themselves, usually in cases where the complexity of the issues or the severity of the harm alleged means the case being dealt with by the Circuit or High Court Judge.

In tandem with such applications, David is instructed in and advises on claims arising under the Human Rights Act or for Judicial Review, including applications for declaratory relief.

In Private Law proceedings, he deals with cases where there are substantial issues relating to the welfare of the children or which involve an international element.

Financial Provision
David has comprehensive experience of the financial issues which affect families.

He is regularly instructed in ancillary relief cases where there are substantial assets, including cases where those assets are held in trusts or companies or are located abroad. He brings to such cases a logical and pragmatic approach which often enables matters to be brought to a negotiated settlement. In accordance with the developing law in this area, David also advises on and drafts pre-nuptial agreements

David has a particular interest in the complex area of cohabitation disputes, bringing or defending claims arising under the Trusts of Land and Appointment of Trustees Act or advising parties contemplating cohabitation on agreements similar to pre-nuptial agreements as to property issues.

He has substantial experience of applications under Schedule 1 of the Children Act 1989 (financial provision for children), including cases where there is a significant imbalance between the parents’ assets and income and where those assets are held in trusts or by companies.

David’s knowledge of associated issues includes the interface between family breakdown and the Proceeds of Crime Act and claims by the Trustee in Bankruptcy.

In addition, David has considerable experience of claims under the Inheritance (Provision for Family and Dependents) Act 1975 and advises as to the validity of Wills or other property issues after death.

David regularly lectures on all aspects of Family Law and is a member of Middle Temple and of the Family Law Bar Association.
A former soldier, David is married with three children.