Tuesday, September 20, 2011

Ask a (new) question...

Looking through the search queries that find their way to Family Lore I regularly come across the same questions coming up time after time. I will not (knowingly) be answering those questions again, and would refer to my previous Questions and Answers posts.

OK, subject to that point and, as usual, to my disclaimer (see right-hand sidebar), here are my responses to a few of the recent queries:

my husband wants half my pension as we are going through a divorce

He may be entitled to it, but all assets will be taken into account, along with other factors. You should seek specific advice.

can divorce petition service be dispensed

Yes. You will need to complete this affidavit (see the notes for guidance at the end).

Do you need a consent order for a divorce

No, but it is best to get a final financial/property order before decree absolute, in particular to ensure that pension rights are not lost on divorce.

why do I have to do a statement of information for a consent order

The court requires this so that it can ensure that the order it is being asked to make is broadly reasonable. The court is under no obligation to make an order merely because the parties agree to it.

can we have a clean break order without financial disclosure

You can agree a clean break without disclosure, but I wouldn't recommend it. You will still however need a consent order to give effect to the clean break, and the court will require basic information about each party's means, before making the order (see above).

How much is a consent order

The current court fee is £45. This is usually shared between the parties.

force ex to sigh [sic] clean break order

You cannot force them to sign. If they do not do so, then you will have to make an application to the court.

calculation of spousal maintenance uk

There is no formula. The amount will be based upon the means of the payer and the needs of the recipient.

can i force my ex husband to see his children

In a word: no. The court has no power to force a parent to have contact against their wishes.

is domestic violence a barder event

Extremely unlikely, I would have thought. Certainly, I am not aware of any case where it has been held to amount to a Barder event. To do so, it would have to fundamentally alter the basis upon which the order was made.

Lastly:

why i want to become a family lawyer

You're asking me? I've no idea - must be some kind of psychotic reaction.

3 comments:

  1. Actually a court can make a contact order against an unwilling non-resident parent under the Children and Adoption Act 2006. Crazy, I know.

    ReplyDelete
  2. Presumably you are referring to the power to make an enforcement order on the application of the person with whom the child lives. However, that assumes that a contact order has already been made against an unwilling parent. Even if the court made such an order, it would not enforce it (that would hardly be in the best interests of the child).

    ReplyDelete
  3. yes sorry, under s 11 if there is a contact order that the NRP is not following then the resident parent or child can apply to enforce it. So the 'ex husband' in the question can be ordered to keep to contact arrangements if he sought contact in the first place.

    ReplyDelete

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