Duncan Maxwell-Stewart

Barrister @Duncan Maxwell-Stewart Ltd

GB

Duncan is a specialist family finance and property barrister: his practice is focussed upon the financial consequences of relationship breakdown (whether following marriage/divorce or unmarried cohabitation).Duncan\'s family finance practice is focussed on cases involving businesses, farms, inherited wealth, trusts, assets held abroad, large pensions, third parties claiming beneficial interests in matrimonial assets, and annulment of sham bankruptcies designed to defeat the other spouse\'s claim. This includes have a strong understanding of the application within the Family Court of the chancery principles in third party interest cases. He has particular experience of cases where a large part of the asset base has arisen from a significant Personal Injury award with subsequent management through a professional Deputy in the Court of Protection.Duncan advises in writing and conference on all aspects of family property and finances, including on the terms of marital agreements whether pre-nuptial (ante-nuptial), post-nuptial or separation agreements.His practice in financial work extends to complex cohabitation disputes between unmarried couples under the Trusts of Land and Appointment of Trustees Act 1996 (\'TLATA\'), financial provision for children pursuant to Schedule 1 of the Children Act, and Inheritance (Provision for Family & Dependants) Act applications.Listed in previous Chambers & Partners and Legal 500 as a leading barrister for matrimonial finance and TLATA. The guides have said- Chambers & Partners:\"Duncan is a formidable tactician and advocate. He is phenomenal - incredibly intelligent and has an amazing ability to get to grips with cases.\"- Legal 500 (band 1): “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.”