Week beginning Tuesday 31st August 2010

August 31, 2010

Greetings

I'm out of the office all day on Tuesday 31st August but back in the office as normal on Wednesday 1st September for the rest of the week.

Posted by Rory Miln. Posted In : this week's movements 

 

Residence order - taking the child abroad

August 23, 2010
Where a residence order is in force, nobody is allowed to take the child out of the United Kingdom without the written consent of every person with parental responsibility or the permission of the court.  However the person in whose favour the residence order is made is allowed to take the child out of the UK for a period of up to one month.
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Posted by Rory Miln. Posted In : definitions 

 

Week beginning 23rd August 2010

August 23, 2010

Greetings

I'm out of the office all day on Tuesday 24th August but otherwise in the office as usual.

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Posted by Rory Miln. Posted In : this week's movements 

 

Web site up and running again!

August 20, 2010

Greetings

If you've tried to go to the website during the last couple of days but been unable to find it, I'm sorry for the inconvenience.

The problem was with the company hosting my site - they suffered a massive cyber assault which effectively blocked access to all the sites they host.  The company had to get a new IP address and I had to arrange with my domain registrar to direct traffic intended for my site to the new address, all of which took time.  

Everything now appears to be functionin...
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Posted by Rory Miln

 

Does it matter who divorces who? (3)

August 16, 2010
If your spouse wants to start divorce proceedings, you can avoid the problem described in last week's post ('Does it matter who divorces who? (2)).  You should say that you will cooperate with the proceedings and send your 'acknowledgement of service' form to the court only if your spouse undertakes not to apply for decree absolute until financial matters have been resolved.   

There can be an argument over the exact point at which financial matters have been resolved, so be specific - get an ...
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Posted by Rory Miln. Posted In : definitions 

 

Week beginning 16th August 2010

August 16, 2010

Greetings

I am hoping to take leave this week on Wednesday 18th and Thursday 19th.  That may change, and if it does I will post an update.  Otherwise I am in the office as normal.

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Posted by Rory Miln. Posted In : this week's movements 

 

Does it matter who divorces who? (2)

August 9, 2010
If you are the petitioner, you are allowed to apply for decree absolute once six weeks and a day have elapsed since decree nisi was pronounced.  Effectively, your application is granted automatically - someone in the court office prints off two copies of the decree absolute certificate, stamps them with the official court stamp ('seals' them) and sends one to each of the two solicitors involved in the case. Your marriage is at an end once the certificate is sealed (although you don't know it ...
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Posted by Rory Miln. Posted In : definitions 

 

Week beginning 9th August 2010

August 9, 2010

Greetings

I am in the office all week this week as normal.
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Posted by Rory Miln. Posted In : this week's movements 

 

Week beginning 2nd August (update)

August 3, 2010

I shall be out of the office all day on Thursday 5th August.  The telephone will go straight to voice mail if you ring the main office number 01392 686920 - leave a message and I will get back to you as early as possible on Friday.  Or send me an email.  
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Posted by Rory Miln. Posted In : this week's movements 

 

Does it matter who divorces who?

August 2, 2010
It can do, mainly because there are different rules for applying for decree absolute depending on whether you are the petitioner or the respondent.  Broadly speaking, the petitioner controls when the marriage is finally dissolved.  More next time.
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Posted by Rory Miln. Posted In : definitions 

 
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Rory Miln


Principal Every week, usually on a Monday, I post my movements for the coming week - when I'm in the office and when I'm out, for example at court. At the same time I post a short article on a word or expression that may crop up during a separation or divorce case. I'm always glad of feedback - any comments on my blog entries are welcome - just send me an email.

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5th acknowledgment of service adultery affidavit of service agree in advance the text of the 'particulars of unreasonable behaviour' part of the petition agreed draft order ancillary relief ancillary relief order by consent answer appointment more or less straight away broken down irretrievably cafcass children and family court advisory and support service clean break co-respondent conditional order condoning unreasonable behaviour confidential consent order contact contribution converting a joint tenancy into a tenancy in common costs costs and public funding costs hearing costs in ancillary relief proceedings costs in the application costs of the main suit costs reserved court court cases involving children court welfare officer courts decree absolute decree nisi defend defended divorce deliberately withdrawn from the marriage desertion directions appointment dissolution divorce divorce costs divorce procedure do i have to go to court? document documentary evidence dx england and wales file five years' separation form tr1 full financial disclosure get divorced but not straight away go to school grave financial or other hardship having the occasional meal together hold up decree absolute home rights if your spouse has disappeared intolerable to live with the respondent irretrievable breakdown joint tenancy joint tenants living at the same address living together after you have filed your divorce petition man on the clapham omnibus marriage matrimonial home rights may medical treatment most cases settle by agreement name the third party no answer or reply no order principle no pension sharing without a court order - no court order without a divorce non-owning spouse out of the jurisdiction parental responsibility particulars personal personal service petition petitioner post prayer prevent the marriage from being dissolved proceedings prohibited steps provide a better service reasonable reasonable steps to find your spouse reply report and recommendation for the court residence respondent rules of intestacy sensitive separation separation agreement serve sever the joint tenancy six months rule sleeping apart is not enough solicitor sometimes the petitioner would have liked a reconciliation start statement of information swear on oath take the child out of the uk tenancy in common tenants in common the five 'facts' the petitioner controls when the marriage is finally dissolved time to think about what we're doing trial by correspondence tuesday two years' separation with consent undertaking not to apply for decree absolute unequal shares unreasonable behaviour up to one month voluntary sexual intercourse wait for two years before getting divorced week beginning 11th may week beginning 13th july week beginning 20th july what will happen if you die while you still own the property

About Miln MacLeod


Miln MacLeod Solicitors is the practice name of Rory Miln, a solicitor of England and Wales recognised as a sole practitioner by the Solicitors Regulation Authority (SRA). The practice's SRA number is 535105. The SRA’s rules can be found (in English) on their website at http://www.sra.org.uk/solicitors/code-of-conduct.page