Friday, January 02, 2009

Divorce Questions Answered

It's been a while since I did a question-and-answer session based upon keyword activity over the last few days. so I thought it was time I did another. As always, my disclaimer in the sidebar applies to what follows, and if anyone disagrees with what I have said, feel free to comment. In no particular order:

consent order model wording

There are precedents for consent orders, the best known set produced by Resolution, but drafting a consent order is not something that I would recommend doing without a solicitor.

quickie divorce

There is no such thing - see this post.

index link child maintenance how to work out

This depends upon the wording of the agreement/order (child support is not index-linked). There is no set formula, but it usually involves annual updating in line with the retail prices index.

writing your own divorce papers

Ahem, may I suggest my book: DO YOUR OWN DIVORCE!

community service order frustrating contact

At first I thought this was referring to the new contact enforcement orders (see this post), but now I'm not so sure. If a CSO is affecting contact arrangements, then (assuming you cannot change the community service) try to re-negotiate those arrangements, or ask the court to vary them.

i have a decree nisi but how can i obtain a decree absolute if my ex refuses to finish the divorce

If you obtained the decree nisi you can apply for the decree absolute 6 weeks and one day after the decree nisi was pronounced. If (as I assume to be the case) your ex obtained the decree nisi then you can apply for the decree absolute 3 months after the date upon which they could apply. Note that such an application usually involves a hearing, and the court may delay the decree absolute until financial/property matters have been finalised.

protocols for family law

There are several, but the main one is the Law Society's Family Law Protocol.

what is shared residency

What it is exactly depends upon what has been agreed between the parents, or ordered by the court. It involves the children spending time residing with each parent, but not necessarily dividing their time equally between the parents.

dealing with the c.s.a.

All I can say is good luck! Seriously, cooperate with them, provide them with everything they request as quickly as you can, keep on to them until they deal with the matter, but don't make a nuisance of yourself.

ex wife remarried can she claim half of house if i die

She can't make a claim against your estate.

no property or children consent order

In these circumstances (and assuming a clean break is appropriate), it is best to get a simple order dismissing all financial/property claims by either party against the other, to prevent any such claims being made in the future.

christmas arguments with family

A common problem - discuss with your divorce lawyer in January!

county court matrimonial speak

Yes, we lawyers are still guilty of using jargon (although things aren't as bad as they used to be) - that's why I put a (lengthy) glossary in my book. If you're not sure what something means, don't be afraid to ask, even if it means asking the judge.

joint parental responsibility

If more than one person has parental responsibility (as will both parents, if they are married), then that responsibility is shared. If they cannot agree any particular matter, then either may apply to a court for an order dealing with that issue.

how to represent yourself ancillary relief

Yes, it can be done. Once again, I would humbly suggest my book, DO YOUR OWN DIVORCE!

And finally...

what do divorce lawyers do?

Beats me.

5 comments:

  1. Enjoyed your article,John. It made me laugh as I brace myself to return to the office on 5th Jan and see whether there will be the usual January divorce stampede. Subtle book plugging noted!

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  2. Hi Jo,

    Glad you were amused. Also bracing myself for Monday.

    I see you noticed the book plugging!

    ;-)

    John.

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  3. I like the post on "quickie divorce" - that is good. As far as the do it your own, I have many clients call for help, because the court will not accept their filings due to omissions. I am all for people doing things themselves, but be careful.

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  4. Thanks. One of the aims of my book is to prevent litigants in person making those common errors or omissions, although I also make it clear when I don't think it advisable to proceed without a lawyer.

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