Showing Tag: "marriage" (Show all posts)

One marriage - two ceremonies?

Posted by Rory Miln on Monday, February 6, 2012, In : definitions 

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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Is a foreign marriage recognised in English law?

Posted by Rory Miln on Monday, August 15, 2011, In : definitions 
A recent High Court case has established the simple rule that a foreign marriage will be recognised as a valid marriage in England and Wales if it is recognised as valid in the jurisdiction in which it was undertaken.  The point can be an important one, because if a wealthy spouse can prove that his marriage is not valid in England and Wales he can avoid having to pay a lot of money to his former wife under the procedure available for making financial claims following a foreign marriage.

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Polygamy to remain illegal in UK

Posted by Rory Miln on Tuesday, July 26, 2011, In : definitions 

It appears that the Government is not intending to recognise multiple Islamic marriages.  Polygamy will remain illegal in this country:

http://www.telegraph.co.uk/news/uknews/8653300/Coalition-rules-out-legalising-multiple-Islamic-marriages-after-Whitehall-leak.html

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"He's my common law husband"

Posted by Rory Miln on Monday, February 7, 2011, In : definitions 
No he isn't.  The concept of a common law marriage was abolished in 1753.  You don't acquire any rights by living with someone.  If you separate, there is no mechanism for making a financial claim based on fairness, or how long you've been together, or the fact that you gave up your career to look after the children........ 

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Does it matter who divorces who?

Posted by Rory Miln on Monday, August 2, 2010, In : definitions 
It can do, mainly because there are different rules for applying for decree absolute depending on whether you are the petitioner or the respondent.  Broadly speaking, the petitioner controls when the marriage is finally dissolved.  More next time.
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Section 10 application

Posted by Rory Miln on Saturday, July 17, 2010, In : definitions 
With any divorce based on separation (two years with consent or five years) the respondent can make a financial application  - a 'Section 10 application'.  The application is made after decree nisi has been pronounced and has the immediate effect of preventing the decree from being made absolute - which is usually the sole purpose for making it, namely to hold up decree absolute and prevent the marriage from being dissolved.
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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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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. 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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