Thursday, January 17, 2008

This is not the Oracle but...

Inspired by this excellent recent post by Nearly Legal, and in the same spirit of philanthropy, I thought I would do something I don't usually do, and answer some of the questions that have led people to Family Lore over the last couple of days. Naturally, my Disclaimer (see the sidebar) applies to what follows.

does the guilty party pay the costs in a divorce

If the divorce is based upon adultery or unreasonable behaviour, then the court will usually order the 'guilty party' to pay the other party's costs, unless there is already an agreement as to who will pay the costs.

appeal a divorce consent order

It is very unlikely that a court will review a consent order, whether by appeal, or having the order set aside. The most common reasons for such a review are fraud, material non-disclosure, or a new event since the making of the order which invalidates the basis upon which the order was made.

ca legal advice to women marrying rich man

Don't sign a prenuptial agreement!

gays own house who deducts

Who deducts what? If we are talking about the division of property at the end of a relationship, then the rules that apply depend upon whether the parties have entered into a civil partnership. If they have, then the rules are similar to those on divorce: the court can make whatever order it sees fit in all the circumstances. If they have not, then basic property rules apply - i.e. start with what the deeds say.

grandparents rights of contact; and
do grandparents have any legal rights

Yes. See this post.

mother moving within united kingdom and fathers contact; and
a residence order for my child has been granted. can i move elsewhere in the uk

I discussed these issues with a commenter to this post. As I stated there, the general principle is that parents are free to move anywhere within the United Kingdom. If a mother wants to take the children to another part of the UK and the father objects, then he has two options: to apply for a prohibited steps order to stop her taking them there, which will only be granted in exceptional circumstances, or to apply for a residence order, in which case the court will decide whether it is best for the children to remain with him in the same area, or to go with the mother. If the mother does move, the father will still have a right to contact with the children, although obviously the terms of the contact will probably have to be re-negotiated, or varied by the court.

when i divorce how much of my husbands pension will i receive

The answer, as always, is 'it depends', but the starting-point is equal division, so in a long marriage where the wife has no pension and the husband's pension has accrued entirely during the marriage, then the wife can expect to receive half.

can a cohabitee claim maintenance fees free move

Not sure about the 'free move' part of this, but the current position is that cohabitees cannot claim maintenance for themselves.

civil law on breach of a financial settlement retaining an ex spouses personal property

If the settlement has been incorporated into a financial/property order, then you should apply to the court to enforce the order. If no order has yet been made, then make sure it deals with personal property.

I'll finish off with a couple of more abstract questions:

unanswered questions about divorce

Aren't there always?

what is the good recent about take the divorce

What indeed?

6 comments:

  1. Thanks for the compliment, John. I don't know about you, but for me it was an odd blend of taking a new paralegal through the basics and incoming new enquiry calls. These posts may become a regular fixture though. I like your post, very clear and useful. I'm taking style notes for future use...

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  2. Thanks, NL. Hopefully, these posts are informative for readers, but they can also be a useful exercise for the writer - one that I may likewise repeat.

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  3. "when i divorce how much of my husbands pension will i receive"

    The answer, as always, is 'it depends', but the starting-point is equal division, so in a long marriage where the wife has no pension and the husband's pension has accrued entirely during the marriage, then the wife can expect to receive half.

    Half of the CETV ? or half of the monthly payments following a Pension Sharing order ?

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  4. A pension sharing order splits the pension fund, so it would be half of the CETV. A pension attachment order divides the pension payments.

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  5. In the case of a 20 year marriage and 28 year final salary pension what percentage of the CETV should go into the pot ? I've heard figures of 25-30%.

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  6. There is no definitive formula, but it is arguable that it should be half of the length of the marriage divided by the length of the pension, which in your case would be about 36%, assuming the other spouse has no pension. You should not, however, take this as advice (see my disclaimer) - there could be other relevant factors. You should therefore seek advice specific to your matter.

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