Browsing Archive: September, 2009

Divorce costs (4)

Posted by Rory Miln on Monday, September 28, 2009, In : definitions 
If a divorce petition contains a claim for costs, and if the couple have not been able to agree on how much the respondent is going to contribute to the petitioner's costs, the court will make the decision.  This is done either at the time that decree nisi is pronounced, or at a separate short hearing fixed for the purpose.

At the costs hearing, the parties may be represented by a solicitor, but usually it is uneconomic to instruct a solicitor, simply because the cost of doing so can be greate...
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Week beginning 28th September

Posted by Rory Miln on Monday, September 28, 2009, In : this week's movements 

Greetings

Both Alastair and I are in the office as normal throughout this week.
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Divorce costs (3)

Posted by Rory Miln on Monday, September 21, 2009, In : definitions 

A divorce petition based on adultery or unreasonable behaviour will normally contain a claim for costs.  That means that the petitioner asks the court to order the respondent to pay all his/her costs of the divorce (the 'main suit', that is, not any other aspect such as financial matters or children - see 'Divorce Costs (1)').

Typically, the respondent indicates that he/she will cooperate with the proceedings (by completing the 'acknowledgement of service' form and returning it to the court) p...
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Week beginning 21st September

Posted by Rory Miln on Monday, September 21, 2009, In : this week's movements 

Greetings

A normal week this week.  Alastair will not be in tomorrow morning Tuesday until about eleven o'clock, but apart from that we are both in the office all week.
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Week beginning 14th September

Posted by Rory Miln on Monday, September 14, 2009, In : this week's movements 

Greetings

A normal week this week, except that I shall be in court on Wednesday morning.  Alastair will be in the office all week as normal.

I may possibly be out of the office for some of the time from Wednesday afternoon onwards, but if so I will post the details.

 
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Divorce costs (2)

Posted by Rory Miln on Monday, September 14, 2009, In : definitions 

Most of the costs of the 'main suit' of a divorce (petition - decree nisi - decree absolute) fall on the petitioner in the first instance, because it is the petitioner's solicitor who does nearly all the work.

Typically, the petitioner's solicitor will spend about 3 hours on the main suit.  At our hourly rate of £160, that comes to about £892 (£160 x 3 hours + VAT at 15% + court fees of £340).

The respondent often makes a contribution to the petitioner's costs, either by agreement or by ord...
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Divorce costs (1)

Posted by Rory Miln on Monday, September 7, 2009, In : definitions 
When you get divorced, there are usually two lots of legal costs that you have to pay: the costs of actually getting divorced (petition - decree nisi - decree absolute) and the costs of sorting out the finances (disclosure - negotiation - court order).  If there is a dispute over children, or there is an issue of domestic viloence, there will be additional costs in dealing with those matters as well. 

Unless there are no finances to sort out, or they're very simple indeed, sorting out the fina...
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Week beginning 7th September

Posted by Rory Miln on Monday, September 7, 2009, In : this week's movements 

Greetings

Alastair is in court on Wednesday morning. Apart from that, it's a normal week.
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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.

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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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