Browsing Archive: August, 2010

Week beginning Tuesday 31st August 2010

Posted by Rory Miln on Tuesday, August 31, 2010, In : this week's movements 

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.

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Residence order - taking the child abroad

Posted by Rory Miln on Monday, August 23, 2010, In : definitions 
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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Week beginning 23rd August 2010

Posted by Rory Miln on Monday, August 23, 2010, In : this week's movements 

Greetings

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

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Web site up and running again!

Posted by Rory Miln on Friday, 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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Does it matter who divorces who? (3)

Posted by Rory Miln on Monday, August 16, 2010, In : definitions 
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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Week beginning 16th August 2010

Posted by Rory Miln on Monday, August 16, 2010, In : this week's movements 

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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Does it matter who divorces who? (2)

Posted by Rory Miln on Monday, August 9, 2010, In : definitions 
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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Week beginning 9th August 2010

Posted by Rory Miln on Monday, August 9, 2010, In : this week's movements 

Greetings

I am in the office all week this week as normal.
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Week beginning 2nd August (update)

Posted by Rory Miln on Tuesday, August 3, 2010, In : this week's movements 

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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Does it matter who divorces who?

Posted by Rory Miln on Monday, August 2, 2010, In : definitions 
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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Week beginning 2nd August 2010

Posted by Rory Miln on Monday, August 2, 2010, In : this week's movements 

Greetings

I am in court on Wednesday morning - probably safest to assume that I won't be in the office until 2 p.m.

At present I am intending to be in the office at all other times during the week.  If that changes, I will post an update.

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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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