Thursday, January 14, 2010

All you ever needed to know...

What does a law blogger do when they can't find anything else to blog about? Why, they do an 'answer the keyword queries that brought recent visitors to this blog' post, of course! So, subject to my usual disclaimer (see sidebar), here goes:

proving cohabitation

Notoriously difficult; you could consider instructing a private investigator, but that can get expensive. However, ask yourself whether you really need to prove that your ex is cohabiting - often, people spend a lot of money on this, only to find that it makes little or no difference to the settlement. Take advice before incurring any expense.

proving nullity

You must either show that the marriage is void (i.e. treated as never having taken place) - see here, or that it is voidable - see here.

how do i write a skeleton argument

Not like this!

calculating divorce settlement formula

There is no formula - we have a discretionary system, whereby the judge may make whatever order he or she considers appropriate to the circumstances of the case.

calculating spousal maintenance

By the same token, there is no formula to calculate spousal maintenance. The amount will depend upon all of the circumstances of the case, in particular the needs of the recipient spouse and the income of the paying spouse.

certificate with regard to reconciliation means

It means not a lot. It is a form that must be filed with the divorce papers if the petitioner is represented by a solicitor - the solicitor certifies whether or not he or she has discussed the possibility of reconciliation with the petitioner.

are divorce rules in need of updating

Yes.

is a post nup valid in england?

The best answer is 'possibly'. A post-nuptial agreement has been upheld, but the court is not bound to follow them - it depends upon the circumstances.

ex wont provide financial disclosure for court,what happens

The court will require him to provide disclosure, and will take enforcement action against him if he does not.

when can the no delay principle be overlooked in children's cases

The principle is that any delay is likely to prejudice the welfare of the child. It can only be 'overlooked' if the court considers that the delay will not prejudice the welfare of the child.

constructive trust beneficial interest minimum duration of cohabitation

There is no minimum duration of cohabitation. For more information on constructive trusts, see here.

defending a csa liability order

The only 'defence' to the making of a liability order is that you (i.e., the non-resident parent) are not in arrears with payments of child support.

if petitioner is not interested in a clean break,can the respondant [sic] apply on his own?

Yes, either party may request the court to make a clean break order.

how to write up your own consent order for the court in divoce [sic] cases

I wouldn't advise it - drafting anything but the simplest court order is not really something that should be attempted by a non-lawyer.

can i make a claim against a co-respondent in a divorce

Yes, in respect of the costs of the divorce only.

divorce respondent in prison

No problem - you will just need to serve the divorce papers upon them in prison.

can csa payments be backdated

Yes. Payments can be backdated to the 'effective date', i.e. the date that liability commenced, which is usually the date that the Child Support Agency informs the non-resident parent about the application for child support.

dividends subject to child maintenance

Share dividends are ignored when calculating child maintenance, but may be taken into account as a variation - see here.

husband's mistress has monies left in will

You will not be able to make a claim against those monies as part of the divorce settlement, but they may be relevant if your husband is cohabiting with his mistress.

do i get reduced csa if i have a child with new partner

No - this will not affect the amount of child support that you receive.

proving adultery

Adultery is usually proved by an admission from the respondent. If no admission is forthcoming, and if no child has been born to the 'adulterous' relationship, then consider proceeding on the basis of unreasonable behaviour, rather than trying to prove the act of adultery.

what happens when an application is made to the court for a decree absolute in divorce when it has been 18 months since the decree nisi was granted

See here.

how to sow marigolds

Ah, I'm glad you asked! For the answer, see here. (Note the post date.)

adultery solicitors compensation

What, you want their solicitors to pay you compensation for your spouse's adultery?

how to do your own divorce

Ahem, you will find the answer here.

baked beans legal

They were, last time I checked.

irritate district judge

Not a good plan.

And last but not least:

how to f**k your ex up

Isn't that what divorce lawyers are for? Only kidding... honest!

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