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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2735
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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The mediation office has phoned my wife to invite her to the

Resolved Question:

The mediation office has phoned my wife to invite her to the mediation. I opened the file and asked for the mediation. However she has declined the invitation. What are the legal consequences of this to her. I was told MIAM was compulsory.
Submitted: 10 months ago.
Category: Law
Expert:  Harris replied 10 months ago.

Hi, thank you for your question. There are no legal implications for her refusing mediation, however it allows you to now proceed to court so long as you have yourself attended a MIAMs. It is compulsory for applicants in non-urgent children and matrimonial applications to attend a MIAMs themselves before pursuing a court application.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Customer: replied 10 months ago.
I have not attended MIAM. They said the file will be closed now that she has refused to attend. Instead they have said they send me court firms. This goes against what you have just said. Please advise
Expert:  Harris replied 10 months ago.

Not to worry, the form that they send you will state that either mediation is unsuitable or that she has not agreed mediation and this will entitle you to pursue the court application. It could be that they treated a telephone call with you discussing mediation as the MIAMs - basically a MIAMs is a meeting with the mediator to inform you of what mediation is and to assess whether it is suitable.

Customer: replied 10 months ago.
She is threatening me that she will take my house n basically everything on the claim of domestic violence n abuse. Although it is not true at all. she is staying in my house freely at the moment n has not started any paper work from her side. Could you explain to me how will she get aid on domestic violence in this situation.
Expert:  Harris replied 10 months ago.

What domestic violence or alleged domestic violence has there been, and what evidence or orders does she have in relation to it?

What is you proposed application to court for?

Customer: replied 10 months ago.
Nothing. She has phoned the police and police came to the house eventhough nothing has happened. She was blatantly lieing to the police. The police said to her i quote'frankly speaking you have wasted his time'. She has no evidence at al and is only fabricating lies. There is no caution or orders or any of that sort. I have kept quite from my side so far.
Expert:  Harris replied 10 months ago.

Thank you - in that case she cannot attempt to exclude or remove you from the property and there is a very high threshold test if she were to take the matter to court.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Customer: replied 10 months ago.
I m going to fill the form of divorce petition. As I have told you before she rejected the mediation. So Wat happens wen she gets the letter from court for divorce. Not going the mediation will it effect the divorce process. Wat happens if she excepts the divorce or defends the divorce.
Customer: replied 10 months ago.
I m still waiting to hear from you for my above query
Expert:  Harris replied 10 months ago.

Thank you. In relation to divorce, financial and private law children cases she will not be entitled to legal aid unless she can evidence domestic violence, for example a police caution, conviction, injunction etc against you.

You do not need to attend mediation or a MIAMs in order to pursue a divorce. If she does not defend the divorce then this would make it easier and quicker to obtain one. If she defends it (ie. she states that the marriage has not ended) then this will be costly and time consuming for both of you and in the majority of matters the matter will end in divorce.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Customer: replied 10 months ago.
Can you elaborate police caution , conviction n injunction.
As I have told you before she did called police at home one day but then like I said the police said it was a waste of time for him as it is sum thing to deAl at home n he said to me there is no charge on me at this case.
Customer: replied 10 months ago.
Waiting to hear from you for my above query
Expert:  Harris replied 10 months ago.

If the police have given you a caution, or if you have received a conviction in relation to domestic violence offences in the past 5 years, or if she has obtained a domestic violence injunction or non-molestation order, then this can be used for her to get legal aid. If she cannot provide any evidence to support allegations of domestic violence she will not be entitled to legal aid.

Customer: replied 10 months ago.
How will I know if she have tried to get legal aid on bases of domestic violence. I have not received any police caution in my life.
Expert:  Harris replied 10 months ago.

You will not know unless she issues an application and she will need to disclose that to you. If solicitors write to you, you can request confirmation on how she is being funded.

Customer: replied 10 months ago.
When is she suppose to disclose it to me
Customer: replied 10 months ago.
I think she has phoned the police again as I recieved a message asking me to call them. She has also taken sick leave from work eventhough she blatantly said to me that she lied. I also had to see my GP regarding my health and I informed the GP that she is lieing. I explained the situation with her to the doctor. She is always lieing to get me in trouble. What do you suggest I should do to protect myself.
Expert:  Harris replied 10 months ago.

Unfortunately there is nothing stopping her from calling the police or making allegations, however if she continues to do this without any basis the police will consider taking the matter further and may arrest her for wasting police time.

Expert:  Harris replied 10 months ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

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