Friday, May 16, 2008

The Answers to Everything

In no particular order, here are the answers to some of the search terms that have found their way to Family Lore this month. As usual, my Disclaimer (see the sidebar) applies to what follows.

setting aside a decree nisi

A decree nisi can be set aside (or rescinded) in several different circumstances, for example on the application of the respondent to a two years' separation divorce where they were misled by the petitioner in giving their consent to the divorce, where the decree was issued in error, or where a reconciliation has been effected.

when can i use gross income in calculating child maintenance

Currently, the child support formula uses net income, but the Child Maintenance and Other Payments Bill proposes that gross income be used when the system is reformed - see this post.

husband in prison all of marriage can he get ancillary relief?

Crikey, all of the marriage? This would not bar him from claiming ancillary relief, but obviously may be relevant to the amount, if any, that he receives.

whats the purpose of family solicitors

I ask myself this question every day.

oracle of divorce

Aww shucks...

filling out divorce form

Any form in particular?

free legal advice for eviction by divorcing parents

I presume that your parents are divorcing and that as a result you will have to leave the (former) matrimonial home. If you are an adult, then I'm afraid that there is probably little that you can do about this, although Nearly Legal may be able to provide you with more information (sorry, NL).

have given birth since decree nisi

If more than 12 months have elapsed since the decree nisi and you apply for the decree absolute then you will need to give details of the birth of the child to the court, including whether or not the child is a child of the family.

lord justice ward vengeful

Is he? I wonder if he would agree?

why do men want trophy wife

Vanity. My advice: sign a prenup!

what happens if during my divorce proceedings i can't afford to pay my solicitor

Your solicitor will stop acting for you, unless you can reach an agreement over the payment of fees, for example out of any settlement that you will receive. You may also be eligible for legal aid.

ancillary relief, custody, maintenance, sad, lonely, no money

Oh dear. Thought of going to a counsellor?

famaily
[sic] law my 14 year old sister has been living with more for 4 months what is my legal rights 2008 uk

I assume that your 14-year-old sister is living with you, and that you are an adult. If so, you have no rights in respect of your sister, but you could apply to a court for a residence order.

divorce lawyer business music

No, my business is the law, but I do like music...

family proceedings rule 2.51d

This is the overriding objective of the ancillary relief rules, i.e. that they enable the court to deal with cases justly.

can i be forced to see my child

No - see this post.

uk divorce why name a co-respondent

There are only two reasons: to have them admit the alleged adultery, thereby providing proof, or to claim costs against them. However, it is usually advisable not to name them, as this can make matters unnecessarily more complicated.

A query from Greece:

family law in britain

What, all of it?

when did new cost rules come in to family law

3rd April 2006, if I remember correctly.

description of domestic violence scenario

Probably the best answer I can give to this is the Government's definition of domestic violence as: "Any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality."

removal of goods from family home during divorce

A common problem. Apart from personal possessions, no items should be removed from the matrimonial home without the consent of the other spouse, or a court order.

mostly young people take cigarette who belong to hinduism family.

Really? Smoking must be rife amongst young Hindus.

rule of family law procedure,rules

Any particular one?

steps to white wash doors

I'm no expert, but I suggest using some white paint and a brush.

it's a girl,tab

Congratulations.

what happens if a nrp doesnt turn up for a commital hearing

The court will probably issue a warrant for their arrest.

consent order after remarriage

No problem, so long as financial claims have already been made - remarriage only prevents financial claims being made, not the making of an order.

how to trim a 9' hedge

Use a hedge trimmer and a 9' ladder.

i got my decree nisi appointment with estate agents

Blimey, estate agents must be branching out.

From the Ivory Coast:

2008 uk settled high status family invites proposals

Sounds like one of those Nigerian email scams to me.

changes to will divorce nisi

Decree nisi has no effect upon wills, but decree absolute does. It is always advisable to make a new will when getting divorced.

new laws in family law in 2008 in uk

Can you be more specific? Bills currently going through Parliament include the Child Maintenance and Other Payments Bill 2006-07, the Children and Young Persons Bill 2007-08 and the Human Fertilisation and Embryology Bill 2007-08.

the cause of human misery about charon

Oh, I wouldn't say Charon was a cause of human misery. Quite the opposite, in fact...

2 comments:

  1. No problem, John.

    You are absolutely right. Adult child living at the matrimonial home has no claim on the home at all, unless they may have some sort of equitable claim via trust - a share of the property was agreed or 'understood'/helped with purchase payment/mortgage payment, that sort of thing. It would mean a claim against the title holder/parent(s) though.

    Depending on the person's situation, they may have a shot at a homeless application to the local authority. But if the parents are chucking them out, a lot would depend on why - could be intentional homelessness.

    ReplyDelete
  2. Many thanks for that, NL.

    I remember many years ago as a trainee sitting in on a hearing where we were acting for the parents who were (successfully) applying to have their noisy adult son evicted. The entire family were in tears. One of the saddest things I've seen.

    ReplyDelete

Thank you for taking the time to comment on this post. Constructive comments are always welcome, even if they do not coincide with my views! Please note, however, that comments will be removed or not published if I consider that:
* They are not relevant to the subject of this post; or
* They are (or are possibly) defamatory; or
* They breach court reporting rules; or
* They contain derogatory, abusive or threatening language; or
* They contain 'spam' advertisements (including links to any commercial websites).
Please also note that I am unable to give advice.

Note: only a member of this blog may post a comment.