Philanthropy

Feeling in a generous mood, I thought I would again respond to some of the search queries that have recently found their way to Family Lore. Once again, my Disclaimer (see the sidebar) applies to what follows.

how do i get a court order to stop my wife from taking the net proceeds from sale of house

Presumably, the house has already been sold and is/was owned solely by your wife, in which case you can apply to the court for an injunction order restraining her from taking the money. If it has not been sold yet then you can register a matrimonial home rights notice at the Land Registry, which will have to be removed before the sale can be completed - you will only agree to its removal once you are satisfied that the net proceeds will not be distributed until their division has either been agreed, or determined by the court. If the house is or was owned jointly, then the conveyancer dealing with the sale should not distribute the net proceeds without the agreement of both parties, or a court order.

what is a draft consent order

And, by the same searcher:

is a draft consent order legal document

A consent order is simply an order, the provisions of which have been agreed by the parties. The term most commonly refers to financial/property orders in divorce proceedings. A draft order is usually prepared by one of the parties' solicitors, agreed with the other party's solicitor, and then sent to the court for approval. If the court approves the draft, then it will make an order in those terms. The question then arises: is an agreed draft consent order enforceable? The answer is that it probably is, unless it states that the agreement contained in the order will only be binding upon the parties in the event of the court making an order in its terms.

who killed shafilea ahmed

We don't yet know, but the police are investigating a number of possible leads, following a recent appeal on the BBC Crimewatch programme.

lawyer deliberately makes it worse for their client

Oh dear. Sounds like this could be a matter for the Legal Complaints Service.

csa liability order can't pay

A liability order enables the Child Support Agency to take action to enforce payment of child support. What happens next depends upon what type of enforcement action the Agency decides to take. For example, they could instruct a bailiff to take possession of the non-resident parent’s belongings and sell them to raise the money the non-resident parent owes, they could take enforcement action in a county court, or they could apply to a magistrates court for the non-resident parent to be committed to prison. Note that on a committal application the court must consider the non-resident parent's means, and whether there has been 'wilful refusal or culpable neglect' on their part.

what to do if you have been named as the person involved in adultery

If you have been named as a 'Co-Respondent' in divorce proceedings, then you will have been served with a copy of the divorce petition, together with a form of acknowledgement, which you should complete and return to the court, stating (amongst other things) whether or not you admit the alleged adultery. If you do, then the court could order you to pay all or part of the Petitioner's costs of the divorce. You should seek legal advice if you are not sure how to complete the form.

i want to change the arrangements for our children

The first thing you should do is to try to agree any change in arrangements with the other parent. If this is not possible, would they agree to discuss the matter with you and a mediator? If all reasonable efforts to agree fail, then you may make an application to a court for an appropriate order (which will depend upon the nature of the arrangements which you would like changed).

taking advantage family court

Huh? Who's taking advantage of who, and how?

remarriage legal advice child support

Remarriage by itself does not affect liability for child support, but if the non-resident parent's new spouse has dependent children, then the liability is reduced when the NRP and his/her spouse live together.

english family law wife equal

Yes - of course.

county court procedures decree absolute

The procedure on applying for the decree absolute depends upon whether you are the petitioner or the respondent. The petitioner may apply after six weeks have elapsed since the date of the pronouncement of the decree nisi, by completing a simple application form and paying the court fee, currently £40. The court will then send out the decree absolute. The respondent may apply three months from the date when the petitioner can first apply, but the procedure is considerably different, and may involve a court hearing. Note that if either party applies after 12 months have elapsed since the date of the decree nisi, then they will need to explain the reasons for the delay, whether there has been any resumption of cohabitation since the decree nisi, and whether the wife has given birth to any child since the decree nisi.

what to dress in law court

Well, I wouldn't recommend a black cocktail dress, fishnet stockings and high heels, as an American judge was found wearing recently (albeit not in court), even if you're a woman. I assume that the query comes from a non-lawyer (hopefully lawyers know what to wear), in which case there is no dress code, but I would recommend wearing something smart, such as a suit.

set aside consent order for material non disclosure

I suspect that this query may have come from a lawyer, so I'll be brief (look it up yourself!). Any order, made by consent or not, can be set aside for a material non-disclosure, but before you make the application ask yourself: would the court have made a substantially different order if the disclosure had been made?

grandparent's rights in divorce

Grandparents (presumably of the children of the divorcing couple) have no rights in connection with the actual divorce proceedings. If the query relates to contact with the grandchildren, see this post. Otherwise, the only other scenario in which grandparents may be involved is in any property settlement on the divorce, where they claim to have an interest in the property.

application for an order for disclosure of child's whereabouts

See this post.

application for ancillary relief for dismissal purposes only

These are required with applications for ancillary relief (i.e. financial/property) consent orders (see above) - the financial claims have to be made, so that the court can dismiss them. They are made by completing a Form A, and heading it with the words 'For Dismissal Purposes Only'.

complaints about mediators divorce

The mediation service should have its own complaints procedure. If you are not satisfied with the outcome, then you may make a complaint to the UK College of Family Mediators.

Lastly, a question that I can't answer:

why marry?