Browsing Archive: May, 2009

Week beginning Tuesday 26th May

Posted by Rory Miln on Tuesday, May 26, 2009, In : this week's movements 

Greetings

Today is normal, although the office will be closing earlier than usual this afternoon, at 5:30.

Alastair is out of the ofice all day tomorrow Wednesday, and Thursday morning - he will back by 1 p.m. on Thursday.

I am out of the office on Thursday morning, which means that there will be nobody here for a while.   I hope to be back in by 12 noon, but from 1 p.m. both Alastair and I should be here as normal. 

I will be out of the office all day on Friday.  Alastair will be in all day as n...
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Week beginning 18th May 2009

Posted by Rory Miln on Monday, May 18, 2009, In : this week's movements 
Greetings

A normal week this week - Alastair and I are in the office for most of the week, with meetings from time to time.

We can often offer clients an appointment more or less straight away.  We sometimes hear from new clients that they have rung round and been offered nothing sooner than a week's time or even further ahead.  We have the advantage that as a practice we don't do any Public Funding (Legal Aid) work.  This in turn means that we don't need to have a huge number of clients at any...
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Separation agreement

Posted by Rory Miln on Monday, May 18, 2009, In : definitions 
A married couple who separate sometimes agree to get divorced but not  straight away.  This may be for a variety of reasons, but often it is because they have agreed to divorce on the basis of two years' separation with consent.  In this situation it is nearly always best for the couple to enter into a separation agreement, also known as a deed of separation.

The agreement usually contains a provision that if, after two years' separation, either party petitions for divorce on the basis of two ...
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Answer

Posted by Rory Miln on Monday, May 11, 2009, In : definitions 
Answer:

If a person is served with a divorce petition and wants to defend the proceedings, the document they submit to the court is an Answer.  

Most divorces are undefended, in which case there is no Answer.

Typically, an Answer states that the marriage has broken down irretrievably but asserts that the reason for the breakdown is unreasonable behaviour or adultery on the part of the petitioner.  Details ('particulars') of the behaviour or adultery are usually given, and the Answer usually co...
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week beginning 11th May

Posted by Rory Miln on Monday, May 11, 2009, In : this week's movements 
Greetings

A normal week this week - both Alastair and I will be in the office, with appointments from time to time but no significant absences from the office.

Divorce and separation are sensitive, highly personal matters and we always keep your information confidential.  Alastair and I are the only people in the office - we have no staff at all, so there are no receptionists, secretaries, assistants or even cleaners who might inadvertently, or out of curiosity, see your file.

This week's word i...
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petition

Posted by Rory Miln on Tuesday, May 5, 2009, In : definitions 
Petition:

As a noun, the document that starts divorce proceedings.  The petition provides the court with certain information required by the rules and states what the petitioner is seeking,  including the dissolution of the marriage, any orders (in outline only)  to do with finances or children and perhaps an order requiring the respondent (the other spouse) to pay the costs of the divorce.

As a verb, to start divorce proceedings by filing a petition at the court. 
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Week beginning Tuesday 5th May

Posted by Rory Miln on Tuesday, May 5, 2009, In : this week's movements 
Greetings

I trust that you had an enjoyable bank holiday weekend.  

Alastair and I are available most of this week as normal.  I am in court at 12 noon today so I shall be unavailable until probably the early afternoon - say 2 p.m.. 

If you haven't been to the office yet, you can find detailed directions on the 'contact us' page.

This week's word that you may come across in your case - definitely if you're getting divorced and not just separating - is 'petition'.
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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. Sometimes I comment on a topical legal issue. I'm always glad of feedback - any comments on my blog entries are welcome - just send me an email.

Tags

acknowledgment of service additional state pension adultery affidavit of service affirmation 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 biological father broken down irretrievably cafcass cash equivalent transfer value cetv child maintenance child maintenance payments to be deducted at source? child support child support agency children and family court advisory and support service clare's law clean break client or customer? cmec co-respondent cohabitants' rights cohabiting couples common law husband common law marriage common law wife conditional order condoning unreasonable behaviour 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 fees court of appeal court welfare officer courts csa decree absolute decree nisi defend defended divorce deliberately withdrawn from the marriage desertion directions directions appointment disclosure dissolution divorce divorce costs divorce procedure do i have to go to court? document documentary evidence domestic violence don't deal piecemeal with your finances don't skip financial disclosure dwp dx england and wales expert report facebook fairness family mediation father sign birth certificate? fdr appointment file file your answer within 28 days finances financial arrangements settled by agreement financial disclosure five years' separation foreign marriage form br20 form tr1 full financial disclosure get divorced but not straight away go to school grandparents' contact grave financial or other hardship having the occasional meal together hold up decree absolute home rights if your spouse has disappeared inheritance international child contact intolerability and adultery intolerable to live with the respondent irretrievable breakdown joint tenancy joint tenants jointly-owned property judicial gem land registry form tr1 law commission life assurance living at the same address living together after you have filed your divorce petition lottery loyalty points maintenance man on the clapham omnibus marriage matrimonial 'pot' matrimonial home rights mediation mediation before applying to the court medical treatment most cases settle by agreement multiple islamic marriages name the third party nectar points new court forms new court rules no answer or reply no order principle no pension sharing without a court order - no court order without a divorce no-fault divorce non-owning spouse non-religious version of an swearing an oath number of divorces in england and wales ombudsman out of the jurisdiction parental responsibility particulars pension attachment pension expert's report pension report pension sharing pension sharing - don't guess! personal possessions personal service petition petitioner polygamy post prayer prevent the marriage from being dissolved proceedings prohibited steps public sector pension rearranging a couple's pension provision reasonable reasonable steps to find your spouse reconciliation relocation reply report and recommendation for the court residence respondent rules of intestacy separation separation agreement serve set down setting aside a transfer sever the joint tenancy shared care silver separation six months rule sleeping apart is not enough solicitor sometimes the petitioner would have liked a reconciliation specific issue order start statement of information statement of information for a consent order surrogacy swear on oath take the child out of the uk taking children to live abroad tenancy in common tenants in common the 1996 hague convention the five 'facts' the petitioner controls when the marriage is finally dissolved time to think about what we're doing transfer value trial by correspondence two marriage ceremonies two years' separation with consent unable to afford to run two separate households undertaking not to apply for decree absolute unequal shares unmarried couples unperfected order unreasonable behaviour voluntary sexual intercourse wait for two years before getting divorced welfare of the child 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, authorised and regulated 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
 
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