Week beginning 27 February 2012

February 26, 2012

Greetings

I am in the office as normal this week except on Tuesday morning 28 February, when I shall be out until about 1pm.  I may also be out on Friday 2 March - if I am, I will post the information here.

Posted by Rory Miln. Posted In : this week's movements 

 

Answering the question

February 20, 2012
District Judge Paul Mildred in an article in Solicitors' Journal reports the following from a recent 'acknowledgment of service' form:

Question: Do you consent to a decree?

Answer: Hell yes.




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Posted by Rory Miln. Posted In : definitions 

 

Week beginning Monday 20 February 2012

February 20, 2012

Greetings

I am in the office as normal this week except on Friday 24 February, when I shall be out of the office all day.

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Posted by Rory Miln. Posted In : this week's movements 

 

Reconciliation

February 12, 2012
A client and his wife reconciled over Christmas and we've just got the decree nisi rescinded.  I hope I never become so hard-bitten that I don't rejoice when this happens.....
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Posted by Rory Miln. Posted In : definitions 

 

Week beginning 13 February 2012

February 12, 2012

Greetings

I am out of the office all day on Tuesday 14 February.  I am in the office as normal for the rest of the week.
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Posted by Rory Miln. Posted In : this week's movements 

 

One marriage - two ceremonies?

February 6, 2012

Sometimes a couple go through two marriage ceremonies, for example the first on a beach somewhere exotic and the second back in England.  It can become important to know which of the two ceremonies actually created the marriage, and in the event of a divorce it may even become necessary to ask the court to decide which.

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Posted by Rory Miln. Posted In : definitions 

 

Week beginning 6 February 2012

February 6, 2012

Greetings

I'm in the office most of this week.  I have to leave early today (Monday) for a seminar - I shall be leaving about 4pm.  Similarly on Thursday I have an afternoon seminar - I shall be leaving about 3pm. 

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Posted by Rory Miln. Posted In : this week's movements 

 

Specific issue order

January 30, 2012
If the parents of a child cannot agree on an aspect of the child's upbringing, either parent may apply to the court for a specific issue order.  There is no official definition of what constitutes a specific issue.  Common examples are: whether or not a child should undergo a particular medical procedure; which school a child should attend; whether or not a child should be brought up in accordance with the religious faith of one of the parents.

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Posted by Rory Miln. Posted In : definitions 

 

Week beginning 30 January 2012

January 30, 2012

Greetings

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

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Posted by Rory Miln. Posted In : this week's movements 

 

inheritance

January 23, 2012

In a divorce it sometimes happens that a spouse gets to keep money or property that they have inherited.  However if some of that money or property may be needed to meet the financial needs of the other spouse, it goes into the matrimonial 'pot'.  In most cases that aren't 'big money' cases, an inheritance is not 'ring-fenced' for the inheriting spouse unless it is very recent and quite small in relation to the overall assets.

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Posted by Rory Miln. Posted In : definitions 

 
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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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