Tuesday, October 12, 2010

Filler post: Your questions answered

What does a law blogger do when he can't think of anything else to write about? Why, answer some of the keyword queries that brought recent visitors to his blog, of course! So, hopefully (and subject to my usual disclaimer - see sidebar) the following will tide the reader over until inspiration strikes again:

romantic misconduct unreasonable behaviour

I assume that this refers to 'romantic misconduct' with another party, where there has been no adultery, or adultery cannot be proved. If so, then yes, that can certainly amount to unreasonable behaviour.

does a shared residence order effect my csa payment

Child support is not affected just by there being a shared residence order, but obviously the number of nights per week that the child stays with each parent can have an effect on the amount.

how long does it take to receive sealed consent order

Good question. It all depends upon how busy the district judges are at that particular court. The amount of time it takes can vary enormously, from a couple of weeks to several months. If the matter is urgent for any reason, then this should be pointed out to the court when the draft order is filed.

should a solicitor help you when filling out form E

Not necessarily. If your finances are straightforward, then you should be able to do it yourself, so long as there are no complex issues, although you may need some advice when answering the question that asks what order or orders you are asking the court to make.

what to do if child support leave you nothing to live on

If the child support assessment was correct, then there is nothing you can do, unless your circumstances have changed since the assessment, in which case ask for a re-assessment. If you think that the assessment was wrong, contact the Child Support Agency, or consider appealing.

divorce costs enforcement proceedings

If you have an order for your ex-spouse to pay the costs of the divorce, then this can be enforced in the same way as any other civil debt, e.g. warrant of execution, attachment of earnings, charging order, third party debt order, etc..

can i make ex husband pay all mortgage with grown up kids

Such an order would be unusual, but could be made, if the court considered it appropriate in the circumstances.

after decree nisi can she change her mind on financial agreement

Yes, if a consent order hasn't been made, setting out the terms of the agreement. However, she may need to show a good reason why the agreement should not be put into effect.

varying a consent order family law

Financial orders can be varied, irrespective of whether or not they are consent orders. However, the court only has limited powers to vary financial orders - see here.

reasons for denying contact

There is no list of reasons for denying contact - it is all a matter of what is best for the child. However, it is quite rare for a court to deny all contact.

does it mean that a marriage never existed if it says void on a legal separation document

Yes, a void marriage is treated as if it had never taken place.

shared parenting agreement and tax credits

Only one household can claim child tax credits. If it cannot be agreed who will claim, the Tax Credit Office will decide who has main responsibility for the child, based upon such things as the number of days the child spends with each parent.

free online lawyer for family matter in UK

I am not aware of any, and would be surprised if you found one. Some solicitors do, however, offer free initial advice, although this normally involves going to them for an interview.

divorce law form a for dismissal purposes

This is used when applying for a financial consent order, to dismiss all other financial/property claims by either party against the other. The form can be found here. It should be completed and headed with the words 'For Dismissal Purposes Only'.

what's the difference between a consent order and court order

Essentially, only that a consent order was made with the agreement of both parties. All orders can be enforced, irrespective of whether they are consent orders.

marital obligations

The law looks at it in terms of 'rights', rather than 'obligations'. Examples of such rights are the right to occupy the matrimonial home and the right to seek maintenance from the other spouse.

formula for spousal maintenance

There is no formula. It will depend upon the needs of the recipient spouse and the ability of the other spouse to pay.

can my wife throw me out after divorce

The simple answer is: not without a court order.

decree absolute set aside

A decree absolute can be set aside, but only in very limited circumstances, such as where it emerges that the court does not have jurisdiction, or where a fundamental irregularity undermines the entire proceedings.

why people would like to become family lawyers

I really don't know. It must be a kind of madness.

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