Browsing Archive: June, 2010

Week beginning 28th June (change of plan for Thursday)

Posted by Rory Miln on Tuesday, June 29, 2010, In : this week's movements 

Greetings

I am going to be out of the office on Thursday morning 1st July until about midday.

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Two years' separation with consent (2)

Posted by Rory Miln on Monday, June 28, 2010, In : definitions 
I have no statistical evidence to support this, but my impression is that divorces based on two years' separation with consent are less common than they used to be.  If I am right, the reason may be the introduction of pension sharing ten years ago. 

If a couple decide to wait for two years before getting divorced, they enjoy the obvious advantage of avoiding a 'fault-based' divorce involving adultery or unreasonable behaviour.  Financially, they can get on and sort out their arrangements with...
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Week beginning 28th June

Posted by Rory Miln on Monday, June 28, 2010, In : this week's movements 

Greetings

A normal week this week - I am in the office all week.

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Two years' separation with consent

Posted by Rory Miln on Monday, June 21, 2010, In : definitions 
If you have been separated for two years you can get divorced without having to prove that your spouse has done anything wrong.  You do however need your spouse's consent.  It is best to be certain before you start divorce proceedings that your spouse will definitely give their consent. 
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Week beginning 21st June

Posted by Rory Miln on Monday, June 21, 2010, In : this week's movements 

Greetings

I'm in the office all week this week except that I shall be in late on Tuesday morning - probably by about 10:15. 

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Desertion

Posted by Rory Miln on Tuesday, June 15, 2010, In : definitions 
You can petition for divorce if your spouse has left you and has been gone for two years having deliberately withdrawn from the marriage and you didn't want the marriage to end.  Desertion is rarely relied on these days, mainly because 'two years' separation with consent' is more convenient.  I've never been involved in a separation case in my career to date....
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Week beginning 14th June

Posted by Rory Miln on Monday, June 14, 2010, In : this week's movements 

Greetings

A normal week - I'm in the office all week.

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Unreasonable behaviour (5)

Posted by Rory Miln on Monday, June 7, 2010, In : definitions 
If you petition on the basis of your spouse's unreasonable behaviour, you don't need their active cooperation to get your divorce.  If they fail to tell the court that they have received the divorce papers (by completing, signing and returning to the court the 'acknowledgement of service' form that they have received with the petition), you can arrange for the papers to be served personally.  The process server hands the papers to your spouse then swears an affidavit giving the details of whe...
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Week beginning 7th June

Posted by Rory Miln on Monday, June 7, 2010, In : this week's movements 

Greetings

I am out of the office all morning on Wednesday 9th June.  Otherwise it is a normal week and I shall be in the office most of the time.

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Unreasonable behaviour (4)

Posted by Rory Miln on Tuesday, June 1, 2010, In : definitions 
If possible, a divorcing couple should try to agree in advance the text of the 'Particulars of Unreasonable Behaviour' part of the petition.  This is a reliable way of avoiding the acrimony that can result if the respondent doesn't see the particulars until (s)he receives the petition from the court.  It often makes it easier to agree on finances and the arrangements for the children, which can only be a good thing.
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Week beginning 1st June

Posted by Rory Miln on Tuesday, June 1, 2010, In : this week's movements 

Greetings

A normal week this week (apart from starting on a Tuesday because of the Bank Holiday), although I may be out of the office for part of Friday -  I will post details if I'm going to be away.
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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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