The Law Codes’ Post

Last week I secured the dismissal of a mother's application to change their child's surname. I had repeatedly pressed for the application to be withdrawn, citing the lack of merit and the acrimony being caused by the court proceedings. Unfortunately, those representations fell on deaf ears. Statements were filed and the application was only dismissed after a contested hearing. Although 'successful', my client (the father) must now pay his own legal costs. That is simply wrong. Up and down the country, parents are putting their child's second parent through financial and emotional turmoil within the family court system. It is too easy for parents to get this kind of application in front of a Judge. One reason why the court lists are so long. If costs orders against parents are a non-starter, there needs to be certain pre-requisites met before application papers can be lodged, and entertained. If carefully constructed by the powers-that-be, a new pre-action protocol can be introduced that accords with convention rights. Virtually all other NI courts have a pre-action protocol. Why not family courts? In my recent article, I touch upon name-change applications after divorce.

In his latest Legal Insight, Family & Matrimonial Associate, Ryan Elliott discusses name changes after divorce. https://lnkd.in/gj3yesrt #divorce #divorcelaw #divorcelawyer #familylaw #matrimoniallaw

Adultery as a Legal Ground for Divorce under Hindu Law - https://lnkd.in/gnTvMYEc - Adultery remains a significant ground for divorce under the Hindu Marriage Act, 1955, where a spouse can seek divorce if the other engages in voluntary sexual intercourse outside the marriage. Although adultery is no longer a criminal offense following the landmark Joseph Shine v. Union of India judgment, it still holds importance in matrimonial disputes, influencing divorce proceedings, alimony, and child custody. While evolving social attitudes may eventually diminish its prominence, adultery continues to play a key role in India's fault-based divorce system.

BRITNEY SPEARS GOT AN ANNULMENT— CAN I DO THE SAME? Many people ask about the difference between an annulment and a divorce. Our latest blog by Associate Attorney, Brittany Shultz, esq. Covers all the questions on this topic to help you decide which option is the best for you! https://lnkd.in/gn_CvGSb #divorce #annulment #familylaw #ocblawgroup

We rarely see annulments these days, but they still exist! If you ever have a question about them, check out this blog from our associate Brittany Shultz!

(COURT GRATED DIVORCE TO HUSBAND HARRASED BY WIFE) पत्नी का पूर्ण विवाह (अंतरंग संबंध बनाना) से इनकार करना मानसिक क्रूरता है, तलाक का आधार: मप्र उच्च न्यायालय उच्च न्यायालय ने कहा Wife's Refusal To Consummate Marriage Amounts To Mental Cruelty, Ground For Divorce: MP High Court COURT SAYS, "There can never be any straight jacket formula or fixed parameters for determining mental cruelty in matrimonial matters. The prudent and appropriate way to adjudicate the case would be to evaluate it on its peculiar facts and circumstances while taking the relevant factors in consideration. The appellant solemnized the marriage. It was already decided that he will leave India in a short period. During this period, the appellant was hopeful to consummate the marriage but the same was denied by the respondent and certainly the said act of the respondent amounts to mental cruelty. The ground of divorce enumerated in Clause (i-a) under Section 13 (1) is made out. The appellant is entitled for the decree of divorce". @everyone #हिंदू #विवाह #हिंदूविवाह #तलाक #मानसिक #क्रूरता #मानसिकक्रूरता #HighCourt #family #FamilyCourt #divorce #divorceproblem #divorceproblemsolution #divorcequotes #divorcechallenges #divorcesolution #cruelty #advocate #AdvocateForChange #AdvocateNearMe #lawyer #lawyerlife #familylawyer #mentalcruelty #mentalhealth #MyAdvocate #mylawyer #HIGHCOURTADVOCATE #SupremeCourt #supremecourtofindia #supremecourtadvocate #probono https://lnkd.in/gFj3iaKq

Initiating divorce is a monumental decision for any woman seeking to end their marriage. At Masters Law Group, we have firsthand experience with the complexities of divorce and helping women through this challenging time. Continue reading here to learn more. #masterslawgroup #dupagecounty #dupagedivorceattorney #internationalwomensday #dupagefamilylawattorney #dupagecountyil #divorce #divorcemediation #womendivorcelawyer #femaledivorceattorney

I am quoted in this article about how parents can improve their relationship post-divorce. Choosing a peaceful divorce process is a huge huge key! https://lnkd.in/gUWusbn4

Alimony, or spousal support, is a legal obligation for a partner to provide financial assistance to their spouse upon separation or divorce. Our Managing Partner, Mr. Ankur Mahindro shares his insightful comments with BusinessToday in an article titled, "Hardik Pandya-Natasa Stankovic divorce rumours: What are alimony rules for working women in India?" Read more at :- https://lnkd.in/gksWhHYi #knowledgesharing #opinion #disputeresolution #familylaw #divorce #prenup #lawfirm #kredjure

Ground for Divorce Under the Matrimonial Causes Act, the sole ground for dissolving a marriage is that the marriage has broken down irretrievably. This can be proved by any of the eight facts listed in Section 15(2) of the Matrimonial Causes Act, L.F.N. 2004: 1. The respondent has willfully and persistently refused to consummate the marriage. This requires proof that the respondent has failed to have sexual intercourse, and if intercourse occurred even once after the marriage, this ground cannot be used. 2. The respondent has committed adultery, and the petitioner finds it intolerable to live with them. The petitioner must prove both the adultery and their intolerance of it, and the person involved in the adultery must be joined as a co-respondent. 3. The respondent has behaved in a way that the petitioner cannot reasonably be expected to live with them. This can include cruelty, assault, battery, and drunkenness, among others. 4. The respondent has deserted the petitioner for at least one year immediately preceding the petition. 5. The parties have lived apart for at least two years immediately preceding the petition, and the respondent does not object to the divorce. 6. The parties have lived apart for at least three years immediately preceding the petition. 7. The respondent has failed to comply with a decree of restitution of conjugal rights for at least one year. 8. The respondent has been absent for such a time and in such circumstances that they are presumed dead, typically after being missing for seven years. Two-Year Rule The Matrimonial Causes Act stipulates that no divorce petition can be filed within two years of the marriage without the leave of the court, as per Section 30. To file within this period, one must seek permission from the court by filing a motion ex-parte along with the proposed petition. Permission is granted only if the judge believes that not doing so would cause exceptional hardship. #FamilyLifePractitioner #familylàwyer #naijadivorcelawyer #divorcelawyer #administrationofestate #