Showing Tag: "court" (Show all posts)

mediation before applying to the court

Posted by Rory Miln on Monday, January 9, 2012, In : definitions 

If you make an application to the court for a financial order or an order with regard to children, you have to demonstrate to the court either that you have tried mediation and it has not succeeded or that your case is not suitable for mediation.  In either case there is a standard form which has to be signed by a mediator.

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Relocation

Posted by Rory Miln on Monday, July 11, 2011, In : definitions 
When a couple with a child are no longer living together, the court sometimes has to decide whether one of them, usually the mother, should be allowed to move abroad taking the child with her.  A recent case in the Court of Appeal placed renewed emphasis on the welfare of the child and warned that guidance given by the Court of Appeal in a previous case should not be followed slavishly - the earlier guidance had led to a lot of 'relocation' applications being granted. 

The recent case involve...
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New rules - new court forms

Posted by Rory Miln on Monday, April 11, 2011, In : definitions 
On Wednesday 6th April there was a change in the rules that govern family law court cases such as divorce.  A whole new set of rules came in to replace the existing rules.  In many cases the new rule is the same as or similar to the old rule, but practitioners are having to check carefully to make sure they are using the correct procedure.

With the new rules has come a complete set of new court forms.  On the whole, the new forms seem quite well designed and my initial impression is favourable...
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Court fees

Posted by Rory Miln on Monday, February 21, 2011, In : definitions 
To start divorce proceedings, the court fee is £340.  At the end of the proceedings there is a further fee of £45, when the application is made for decree absolute.  The court fee for making a financial application within the divorce proceedings is £240.  The court fee for making an application under the Children Act - for a residence order or a contact order, for example - is £200.   Exemptions from fees are available in certain circumstances


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Divorce - do I have to go to court?

Posted by Rory Miln on Monday, July 26, 2010, In : definitions 
If your divorce is straightforward you probably won't have to have a court hearing and everything will be done through the post.  The two main exceptions are if you can't agree over the costs of the divorce and if you can't agree over the financial arrangements.
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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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Court Welfare Officer

Posted by Rory Miln on Sunday, March 21, 2010, In : definitions 
You may hear this expression mentioned, but the role played by a Court Welfare Officer in a Children Act case is now played by a CAFCASS officer - see recent post on CAFCASS.
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CAFCASS

Posted by Rory Miln on Sunday, March 14, 2010, In : definitions 
CAFCASS stands for 'Children and Family Court Advisory and Support Service'.  CAFCASS will be involved in most court cases involving children, usually at the beginning of the case trying to help the parents reach agreement and sometimes later in the case preparing a report and recommendation for the court. 

For more information on CAFCASS, visit their website:

http://www.cafcass.gov.uk/default.aspx


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Court Welfare Officer

Posted by Rory Miln on Monday, October 26, 2009, In : definitions 
Obsolete expression, although still sometimes heard.  Now CAFCASS officer - see post of 19th October.
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DX

Posted by Rory Miln on Monday, June 15, 2009, In : definitions 
DX:  

The Document Exchange system, a private postal system used by lawyers, courts, local authorities and other organisations and paid for by annual subscription. Items are delivered overnight to a locker in an exchange near the member’s office. 
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petition

Posted by Rory Miln on Tuesday, May 5, 2009, In : definitions 
Petition:

As a noun, the document that starts divorce proceedings.  The petition provides the court with certain information required by the rules and states what the petitioner is seeking,  including the dissolution of the marriage, any orders (in outline only)  to do with finances or children and perhaps an order requiring the respondent (the other spouse) to pay the costs of the divorce.

As a verb, to start divorce proceedings by filing a petition at the court. 
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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. I'm always glad of feedback - any comments on my blog entries are welcome - just send me an email.

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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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