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Hubble bubble
family trouble.
This Halloween we are looking at some of the most common legal myths in family law. Please let us know if there are any further myths that you would like answered. "I don’t need to get married because I am a common law wife" |
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This is probably the most often repeated misunderstanding of family law. In a nutshell, there is no legal status as a common law husband or wife. As a result when a relationship breaks down any rights may be the part of complex property and trust law. In some cases a couple may have lived together for years, and have children, but still not be entitled to a share of the family home. If cohabiting consider a ‘Living Together Agreement’. "The mother always gets custody of the children" Custody, known as residence, is a matter for the courts to decide if agreement cannot be reached between the parties. A decision is based upon what is in the best interests of the welfare of the child(ren). In deciding these matters there is an increasing move towards joint residence orders where the children experience shared care. "My husband has died and I have to pay his debts" If the matter remains unresolved it may be possible to take the matter further where the breach of contract is significant. A debt is usually part of a contract with a named individual and it is only that individual who is legally responsible for its payment. On their death any outstanding sum is generally payable from any money in their estate and is not inherited by a surviving spouse. |
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I married three months ago and now I want a divorce...
It is often considered by some that it is far too easy to get a divorce. This is one of the circumstances, however, where it is not possible. Until the parties have been married a year it is not possible to issue a divorce petition, whatever the circumstances. The parties can separate and deal with any practical issues, but they would be unable to formally dissolve their marriage.
*Competition conditions apply – please see website for more details. Winner will be drawn at random on the 30th November 2009 and notifi ed by email thereafter
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