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Arbitrators

Nicola Frost

Nicola Frost

3PB, South West

Work Department

Family

Position

Nicola Frost is a specialist family law barrister and arbitrator.  Her practice encompasses financial remedies and private law children law matters, dealing with the division of finances on divorce, legal separation (following the breakdown of a civil partnership) or TOLATA issues between formerly cohabitating couples.  She also assists clients when there are disputes involving children.

Nicola has won praise for her forensic attention to detail and often makes complex evidence (medical, legal or factual) appear straightforward. Nicola has a ‘no stone unturned’ approach to her cases and always has a total command of her papers.

Having qualified as an Arbitrator in both the Financial Remedy Scheme and Children Scheme with the Institute of Family Law Arbitrators (IFLA), Nicola is a member of the Chartered Institute of Arbitrators (CIArb) and she welcomes instructions to act as the Arbitrator in divorce or children cases or to represent clients at arbitrations.

Nicola is a welfare officer in Chambers and an ardent advocate for wellbeing, and this is evident in her client care.  She approaches cases with sensitivity and Nicola’s clients appreciate her friendly, empathetic approach, alongside her direct advice and pragmatism.  She is committed to achieving the best results for her clients and uses her strong negotiation skills to facilitate settlement, wherever possible.  Where agreement is not achievable, her approach is robust, but fair.

In financial remedies work, Nicola regularly acts in cases involving business assets, trusts and international property.  Nicola is a leading expert in the area of marital agreements (including pre-nuptial agreements, post-nuptial agreements or separation agreements) and is the author of a seminal book in this field: "A Practical Guide to Pre-Nuptial and Post-Nuptial Agreements".  She may be involved in drafting nuptial agreements or advising upon their enforceability.

Nicola is highly experienced in international child abduction (both Hague Convention and non-Hague jurisdictions) and child relocation cases, both internal relocation and overseas.  She also acts in contentious surrogacy cases.

Away from the Courtroom, Nicola sings with the Chambers Band, performing at charity events, and winning the Bristol Legal Battle of the Bands at the infamous music venue, ‘The Fleece’, in 2023.  The annual event supports local charities.  Nicola is the Chair of Governors at a Primary School and is elected as their Safeguarding Governor and SEN provision Governor.

Nicola is consistently recommended in Chambers & Partners for matrimonial finance, and the Legal 500 for both financial remedies and children work.  She is a Family Law Arbitrator (both Financial and Children Schemes), a Private FDR Judge and a qualified mediator (civil and commercial law).

Family

Finance/Property

Nicola Frost is highly experienced in matters involving financial remedies upon divorce under the Matrimonial Causes Act 1973, cohabitation disputes under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) and applications involving provision for children under Schedule 1 to the Children Act 1989.  Nicola also has specialist expertise in the area of prenuptial agreements and advises upon and prepares both prenuptial and postnuptial agreements. Click here to listen to Nicola's latest podcast on "pre-nuptial agreements: are they worth it?", recorded with Get Legally Speaking.

Nicola has particular experience of:

  • Prenuptial agreements / postnuptial agreements
  • Consent orders (enforceability, challenge, Barder events)
  • Daniels v Walker applications (applying for an independent expert witness, separate from Single Joint Expert)
  • Cohabitation agreements
  • TOLATA claims
  • Transfers of overseas property, ensuring the enforceability of orders
  • Conduct, including dissipation of assets
  • Maintenance pending suit / spousal maintenance
  • Farming cases
  • Third party interests
  • Insolvency, including transaction avoidance, non disclosure, uncovering concealed assets
  • Schedule 1 to the Children Act
  • Enforcement applications
  • Cohabitation and conversion / delivery up
  • Annulment proceedings
  • Business assets
  • Pensions (including Forces pensions)
  • Disabled adult ‘child’ dependants
  • Freezing injunctions

Private Law Children

Nicola has an extensive private law practice and covers the spectrum of child law matters. She is particularly experienced in relationship breakdowns involving intractable contact disputes. Nicola has a special interest in surrogacy cases and has acted and advised in this niche area of private law.

Nicola has acted in cases involving allegations of domestic and sexual abuse, psychiatric disorders and issues of alcoholism and drug misuse; she deals with complex medical evidence and has conducted lengthy fact finding hearings.

In addition to general private law practice (child arrangements, specific issue and prohibited steps orders), Nicola has acted in the following types of private law cases:

  • Surrogacy
  • Private adoption
  • Removal from the jurisdiction (including Hague Convention)
  • Internal relocation cases
  • Declarations of parentage
  • Non-molestation / occupation proceedings
  • DNA cases

Court of Protection

Nicola is fully qualified to undertake Court of Protection cases and has been instructed on behalf of the Official Solicitor.

Public Interest Immunity / Disclosure

Nicola reviews and advises upon all aspects of PII, including compliance with the Disclosure Protocol, interaction with other agencies and balancing competing public interests. Nicola has experience of dealing with complex medical evidence and, in addition to social services’ records, is willing to review health departments’ records.

Career

Year of Call: 2009

Memberships

Member of the Chartered Institute of Arbitrators (CIArb) Institute of Family Law Arbitrators (IFLA) Bristol Family Law Solutions Family Law Bar Association Bar Pro Bono Unit Inner Temple Western Circuit European Circuit

Education

LL.B (Hons) (First Class) – Bristol Law School, UWE Bristol BVC (Very Competent) - Bristol Institute of Legal Practice, UWE Bristol Author of 'A Practical Guide to Pre-Nuptial and Post-Nuptial Agreements' Accredited Arbitrator, Financial Remedy Scheme and Children, IFLA Accredited Mediator, Civil & Commercial Mediation, Bristol ADR Group Advocacy Trainer, Western Circuit

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