There are no winners in divorce or battles over children. “Victory” will not make things any easier with your ex. A judge cannot make people act reasonably or hold your hands forever. A judge can make an Order, but may not want to enforce it for example by locking up a mother for a short sharp shock, which would leave the children alone. The internet is often out of date or written by somebody with a particular agenda. The exception is the Families Need Fathers website which is pretty robust but balanced. fnf.org.uk Children have the rights…
The judge can make various orders such as: a) Sale of the property. b) Transfer of the property. c) Lump sum (immediate or deferred). d) Spousal maintenance (called periodical payments). e) Pension sharing or other pension orders. f) Delayed sale of the matrimonial home giving one party charge, called a Mescher Order, which often solves an awkward housing problem. Often where couples seek a clean break which can have advantages for both sides, when periodical payments are capitalised. This is like valuing an industrial building, by reference to the rent that can be…
This is by no means for everybody. There is one point of view, that sitting across a kitchen table with a bottle of wine or a pot of tea, possibly with a mutual friend, is the best way to thrash these things out rather than go round and round through lawyers, each round of emails and letters costing £100 a time. Unfortunately it takes two to tango. In practice very few people who genuinely want to settle need mediation, and those who genuinely do not want to settle will not settle via mediation. The current trend is…
Litigants in person often expect that the judge will cut them plenty of slack when it comes to not complying with Court rules such as having the right bundle. With the withdrawal of legal aid, however, judge’s attitudes are hardening, because there are so many LIP, but there is some way of getting help which is often overlooked. If the opponent has a solicitor it should be remembered that that solicitor is an Officer of the Court and has a duty to help litigants in person. The Law Society Gazette www.lawgazette.co.uk reminds us of this in a helpful article…
There are many organisations often internet based, providing drafting and advisory services and paid-for McKenzie Friends. Some of these organisations or individuals lack the experience judgment and objectivity you are looking for. Have a careful look at each website and ask some probing questions about experience and previous cases. We would be interested in your comments, please leave them by clicking on the title to this blog above
The relationship must have irretrievably broken down based on: Adultery Behaviour Desertion for two years Separation for two years if both consent Separation for five years, even if the other does not consent. It is best to avoid adultery because it might be denied and if you know the identity of the other party, you have to name him or her as the co-Respondent which adds to the costs and stress. A behaviour Petition need not be cruel. It is often sufficient to say that, for example, the other party paid more attention to business, or other…
The respected journalist Gary Slapper writes eloquently in The Times (“thetimes.co.uk”) of how 70% of the English population are not covered by legal aid. If this applied to the NHS there would be an outcry. Because lawyers are perceived as ‘fat cats’, it has gone through and despite protestations, nothing is going to reverse it. The solution is low cost, excellent value fixed fees whereby the litigant acts for himself in person with an add-on service for very small amounts of money. Look for expert advice at fixed fees. We would be interested in your comments, please leave them…
Even if you cannot afford solicitors and barristers, it is normally wise to take advice if the following features exist. Children Allegations of abuse where it is said that you are responsible, A relative or 3rd party, claims part ownership to the matrimonial home, or there are foreign assets or the other party might be going bankrupt. Also Where the other party is not cooperating e.g. avoiding service, or mentally unwell. Have a look at the Hylton-Potts website. We would be interested in your comments, please leave them by clicking on the title…
An excellent article by District Judge Julie Exton in the Law Society Gazette (www.lawgazette.co.uk) on 4 August 2014, focuses on the guidance given by Mostyn J. As the Senior Family Division Judge, the guidance given will be closely followed by judges and therefore litigants should take careful note. There has to be a good reason not to give notice. The thrust is whether the Respondent would take steps to defeat the purpose of the injunction, if he or she was notified in advance, or where the matter is so urgent there is no time to give notice. …
What seems fair to a landlord may not necessarily seem fair to the tenant, and vice versa. “Fair wear and tear” in law, means that with regard to any apparent damage done to the landlord’s property, the landlord must take account of reasonable wear in the day to day usage of the property and not expect over-compensation. Indeed, within reason, wear and tear is part of the cost of letting a property. In calculating anything over and above wear and tear the judge takes into account the original age, quality and condition of the item along with its average expected…
