This is summary of the divorce procedure and how a claim for money is handled. After the Petition is filed and served, the Court issues a Decree Nisi typically after about two months. The only financial matter that can be dealt with before then is for interim maintenance, that is month-by-month payment while the whole thing is sorted out. Either spouse files a Form A which starts the process. The Court then lays down a timetable to sign a written statement called a Form E, prepare a chronology, statement of issues between the parties and so on. Completing…
Evidence from Facebook and social media site is admissible in Court in divorce and family cases. Evidence of infidelity and new relationships, people’s movements and expenditure (cars, holidays, gambling) is there for all to see and is readily accepted by certainly Judges in London, if not countrywide. People often do not realise the extent to which detailed examination of these sites, can put together a picture of what otherwise would remain private. LinkedIn might talk about a new job offer, a bonus. Twitter might cover plans for a holiday. Facebook might show photographs which could be traced to lavish…
Judge can rule on matters such as parental responsibility (the legal rights to be the parent and have responsibility), child arrangements, residence, contact (used to be custody, access), specific issues such as living abroad or being circumcised, or prohibitive steps such as not removing a child from school, or in relation to medical treatment. There can be orders on change of name and finances. The remedies are flexible and modern, although the Courts are swamped with cases. Judges often throw up their hands in despair at the court “back office” being such a shamble. It is hard to get through…
Where a couple who live together but not married break up the court can help. The law is in the Trusts of Land and Trustees Act 1996 referred to as “TOLATA”. Unlike married couples and divorce where there is one act Matrimonial Causes Act and section 25 which is fairly easy to understand. Where you live together the law is complex and there are all sorts of aspects like resulting trust. The litigant in person therefore really should take expert legal advice at an early stage. Mediation is worth a look though it is not for everybody. Details and…
Divorce – Fast or Slow? If your ex is hiding assets you may want to file a petition to seek an injunction. The divorce petition is the peg to hang your hat on. Within the divorce petition, the Judge has wide powers to help you with associated matters such as freezing your ex’s assets. You may be desperate for income in which case you need to ask the Court for interim maintenance (that is temporary maintenance while the divorce is going through) and for that the petition has to be issued. You want to remarry and get on with the…
This is done on a Form A which is filed at the Court and a small Court fee paid. Automatically a timetable is set for those other documents to be put in place. These include a chronology of dates a statement of these between the parties and the famous “Form E” which is the legal equivalent of root canal treatment. Actually it is not all that bad. It is just boring. You have to get a year’s bank statements, details of credit cards, have any properties valued and your pension valued. These Form’s E are then exchanged to in the…
Questionnaires in Divorce When your spouse’s Form E arrives you may well find it unsatisfactory. You will have the opportunity of putting questions to the spouse about it. Questions mean questions. It does not mean that you plead your case, or make points. A legitimate question might be “You say you have a bank account at Barclays Clapham & you say you have attached the statements, but there are no statements for the period September to December 2014”. Another legitimate question might be “You say you have no assets worth more than £500 but do not accept that the watch…
Who can look at divorce and children documents? You can show your Court documents and letters to a legal adviser, McKenzie friend healthcare professional, supportive partner (who must keep them confidential) social worker, CAFCASS or your MP. You cannot, however, show them to the press or give confidential details to a group like Families Need Fathers. This can be serious contempt of Court, especially in cases involving children. If in doubt about whether you can show your Court documents and letters to a third party seek expert advice. We would be interested in your comments, please leave them by clicking…
An excellent article in the Solicitors Journal, page 15, on 9 December 2014 by Claire Reid (www.solicitorsjournal.com) on 9 December 2014 is well worth a look. Where one party has behaved unreasonably with reckless or wanton spending, the judge can “add back” that amount, into the pot before the division of assets. Spending has to be “wanton” and off the wall, not just a bit extravagant. A good fixed cost solicitor or lawyer will work with a client dividing tasks, and the preparation of the add-back document/analysis is something the client can largely draft themselves. The judge will analyse…
Our prison consultants have experience of prison life because they have been there. Ex- offenders who can advise you based on their real experience. The role of criminal solicitors and lawyers stops at conviction, and maybe a quick word in the cell. The fear of the unknown is the worst thing. Each consultation is in the strictest confidence and with utmost discretion and particularly will help “white collar” defendants and/or those with some savings or well known, who could be targeted. A bespoke service will give advice to you and your family on what to expect and how…
