Family Law In The Uk: Common Law Husband/wife Myths.

By: Thomas A. Griffiths
Common Law Husband/Common Law Wife - The continuing Myth. Contrary to popular and long held belief, common law husbands and wives have not been recognised in English family law for many hundreds of years.

The Myth is as persistent as the claims made for the status of a common law husband or wife.

Living with a partner does not entitle you to acquire rights against them.

A number of sad injustices have arisen as a result. Women, and it is generally women, who have lived with their partner for many years, had children by them but as the house is in the man’s name have not been able to make any claim after their relationship has broken down.

Likewise, a Court does not have the ability to Order maintenance payments. The Child Support Agency can compel the absent parent to make maintenance payments to the parent who has the everyday care of the child or children but not for the adult.

There is some good news however and that is that sometimes a Court will decide that even though one party does not have their name on the Title Deeds to a house, they should be entitled to some portion of the property. The reasons are very technical and are based on Trust Law. We do not have the space or even the inclination to go into that at the moment but if you are a cohabiting party whose relationship has broken down, you should contact us to see whether or not there is any claim that can be made.

Courts can also resolve disputes between the parties in relation to jointly owned properties and other assets. What happens is generally decided on what documents are signed and what written agreements are in existence but again there are some exceptions, you will need to contact us to find out whether you fall into that category.

Pre-Nuptial Agreement - Myth. Pre-nuptial agreements are binding. This is untrue. They are not binding in English law although they can be taken into account in certain circumstances. Family law solicitors can advise you on these agreements but you should be warned that the longer the subsequent marriage the less notice the Court will take of the agreement. When children come along you can virtually throw the agreement out of the window. However, there are exceptions and those excepts are
(a) when both parties have received independent legal advice;
(b) there is full financial disclosure;
(c) the agreement is fair;
(d) there should be as no duress.
Most people who enter marriage do not expect to be divorced and the pre-nuptial agreement is hardly ever entered into but those who are marrying for a second time and who have substantial assets may feel that it is appropriate for them.

Article Source: http://www.contentfueled.com


Thomas A. Griffiths, a qualified family law solicitor. Additional information about family law services is available at Mcaras Solicitors website.