Browsing Archive: May, 2010

Unreasonable behaviour (3)

Posted by Rory Miln on Monday, May 24, 2010, In : definitions 
If you want to satisfy the court that for the purposes of the 'six months rule' (see post on 17th May) you and your spouse have actually separated even though you are living at the same address, you will have to separate your lives completely.  You may be required to explain on oath in an affidavit exactly what the living arrangements are.  Unless you can show that your lives are completely separate in every respect, you may not get your divorce.  Merely sleeping apart is not enough - you sho...
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Week beginning 24th May

Posted by Rory Miln on Monday, May 24, 2010, In : this week's movements 

Greetings

A normal week this week except that I am out at court on Wednesday morning.  I shall probably be back in the office by about one o'clock.

I may also be out of the office on Friday afternoon - I will know nearer the time.

 
 
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Unreasonable behaviour (2)

Posted by Rory Miln on Monday, May 17, 2010, In : definitions 
If you petition for divorce on the basis of your spouse's unreasonable behaviour but go on living together after you have filed your divorce petition, the court will disregard the fact that you have gone on living together.  It is still possible for the court to decide that "the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent".  However if you live together for six months or more after the most recent incident of unreasonable ...
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Week beginning 17th May

Posted by Rory Miln on Monday, May 17, 2010, In : this week's movements 

Greetings

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

Posted by Rory Miln on Monday, May 10, 2010, In : definitions 
You can get divorced by relying on your spouse's unreasonable behaviour.  The test is a subjective one and not an objective one, which means that when the district judge reads your petition (s)he merely has to be satisfied that you find the behaviour unreasonable.  It is not a 'man on the Clapham omnibus' test. 

This does not mean that you can rely on trivial grumbles about your spouse.  Remember that the district judge is trying to decide whether the marriage has broken down irretrievably.  G...
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Week beginning 10th May

Posted by Rory Miln on Monday, May 10, 2010, In : this week's movements 

Greetings

I am in the office all week except for Wednesday (12th May) when I shal not be in until about midday.
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Adultery (4)

Posted by Rory Miln on Tuesday, May 4, 2010, In : definitions 
If you are petitioning for divorce on the basis of your spouse's adultery, you don't have to name the third party.  If you do name them, they have to be served with their own set of divorce papers.  That potentially makes it harder for you to proceed with your divorce because you need not only the respondent but also the co-respondent to complete an acknowledgement of service form and return it to the court.  It's generally better not to name the third party.  Apart from anything else, it's u...
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Week beginning 4th May

Posted by Rory Miln on Tuesday, May 4, 2010, In : this week's movements 

Greetings

A normal week this week except of course that it's starting a day late because of the bank holiday.  I'm in the office all week.

The new carpets look very smart.....
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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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