01392 686920
miln@mmlaw.co.uk
An astonishing number of people getting divorced post details of their private life on Facebook which can be used as evidence in their divorce. Examples include: mentioning a live-in new partner while officially denying cohabitation, and telling the world about a fabulous holiday abroad while officially pleading poverty. If you are on Facebook and you
Read more…
If you suspect that your spouse has transferred an asset such as a property or some shares to someone else with the intention of making their assets look smaller than they actually are, you can ask the court to make an order setting aside the transfer. The Court of Appeal recently set aside the transfer
Read more…
A meeting between divorcing spouses and their solicitors, usually at the offices of one of the solicitors. Can be an effective way of bridging a gap and achieving financial settlement. Needs to be timed right. Not the same as mediation.
If you go to family mediation, make sure you take legal advice after each session with the mediator. Don’t leave it till the end when there’s a provisional agreement!
To start divorce proceedings, the court fee is £340. At the end of the proceedings there is a further fee of £45, when the application is made for decree absolute. The court fee for making a financial application within the divorce proceedings is £240. The court fee for making an application under the Children Act
Read more…
No she isn’t. The concept of a common law marriage was abolished in 1753. You don’t acquire any rights by living with someone. If you separate, there is no mechanism for making a financial claim based on fairness, or how long you’ve been together, or the fact that you gave up your career to look
Read more…
No he isn’t. The concept of a common law marriage was abolished in 1753. You don’t acquire any rights by living with someone. If you separate, there is no mechanism for making a financial claim based on fairness, or how long you’ve been together, or the fact that you gave up your career to look
Read more…
…please just draw up the paperwork! This is rarely appropriate. Couples often agree on financial arrangements without realising that what they’ve agreed is not satisfactory and is nowhere near what the court would order if it was left to the court to make the decision. Often both spouses have quite innocently and understandably made assumptions,
Read more…
Only if you wait for two years after separating, and even then only one of you can petition for divorce. If you want to get divorced sooner, one of you will have to divorce the other relying on adultery or unreasonable behaviour.
This question crops up from time to time. The answer is no – divorce in England and Wales is fault-based (unless you rely on 2 years’ or 5 years’ separation) and you must satisfy the court that your spouse has committed adultery or behaved unreasonably. There is no mechanism for getting a divorce because of
Read more…