Browsing Archive: October, 2011

Clean break

Posted by Rory Miln on Sunday, October 30, 2011, In : definitions 
If you have been married to someone you have the right to make a financial claim against them if you separate and divorce.  There is no time limit - you can make a financial claim many years after the separation, and such cases are not that uncommon.

There are only two things that stop a person being allowed to make a financial claim against a former spouse: if the person making the claim has remarried, or if the court has made an order forbidding any such financial claims in the future.  Such...
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Week beginning 31 October 2011

Posted by Rory Miln on Sunday, October 30, 2011, In : this week's movements 

Greetings

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

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Week beginning 24 October 2011 - update

Posted by Rory Miln on Thursday, October 27, 2011, In : this week's movements 

I shall be out of the office all day on Friday 28 October.  If you email me or leave a voice message on 01392 686920, I will respond on Monday 31 October.  In  an emergency please call me on 07963 367793.

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First lottery case comes before the High Court

Posted by Rory Miln on Monday, October 24, 2011, In : definitions 
Until now not a single divorce case involving a lottery win has come before the High Court.  This is suprising considering that the National Lottery started as long ago as 1994.

The judge awarded the husband £82,000 out of the wife's £500,000 win.  The husband would have received nothing if he had not needed it for his retirement and if the wife had not used some of her winnings to buy the matrimonial home that the couple had been living in when they separated.  The judge said he had taken i...
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Week beginning 24 October 2011

Posted by Rory Miln on Monday, October 24, 2011, In : this week's movements 

Greetings

I am in the office as normal this week except that I may be out all day on either Thursday 27 or Friday 28.  When my plans are clearer I will post an update.

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Child support - all change? again?

Posted by Rory Miln on Monday, October 17, 2011, In : definitions 
Which public body administers the child support system?  The Child Support Agency (CSA), surely?  Yes and no.  The CSA's functions have been managed for some time now by the Child Maintenance and Enforcement Commission (CMEC), although the CSA system is still basically the same as previously.  The Government has now invited comment on a new proposal to abolish CMEC and to bring the child support system under the wing of the Department of Work and Pensions (DWP).  If the proposal goes ahead, t...
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Week beginning 17 October 2011

Posted by Rory Miln on Monday, October 17, 2011, In : this week's movements 

Greetings

A normal week - I am in the office most of the time.

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Thursday 13 October 2011 - change of plan

Posted by Rory Miln on Wednesday, October 12, 2011, In : this week's movements 
I shall now be out of the office all morning on Thursday - probably in by about 1pm.

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Record child support payment

Posted by Rory Miln on Monday, October 10, 2011, In : definitions 
A father who had failed to pay maintenance for his daughter for 16 years recently had £108,000 taken from his bank account under a procedure available to the Child Support Agency once the court has been satisfied that the money is due.  The father's name has not been released.  His reaction to the procedure can only be guessed at....

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Week beginning 10 October 2011

Posted by Rory Miln on Monday, October 10, 2011, In : this week's movements 

Greetings

A normal week this week - I shall be in the office most of the time.

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Tuesday 4 October - change of plan

Posted by Rory Miln on Tuesday, October 4, 2011, In : this week's movements 

I had expected to be in the office all day today but I shall not now be in until mid-afternoon.  Apologies for any inconvenience.  My mobile number in emergency is 07963 367793.

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Number of divorces in England and Wales - on the increase or just a blip?

Posted by Rory Miln on Monday, October 3, 2011, In : definitions 

There were 30,400 decrees absolute granted for the dissolution of marriage in the fourth quarter of 2010, an increase of one per cent compared to the fourth quarter of 2009.  This increase is the first for several years but obviously it is too soon to say that the year-on-year downward trend has gone into reverse. 

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Week beginning 3 October 2011

Posted by Rory Miln on Monday, October 3, 2011, In : this week's movements 

Greetings

I am in the office all this week except Thursday 6 October when I shall be in for a short time at the beginning and end of the day only.

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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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