Family Law – some myths rebuffed


Family lawyers hear so many myths repeated to us by clients who have been told the ‘facts’ of their case by so many other people – even their mate in the pub!

I thought it would be a good idea to highlight a few of these:


  1. “I have lived with him for 6 weeks/months/years so I am his ‘common law wife’ and have the same rights as a married wife”


There is no such status as ‘common law wife’. Living with someone does not automatically give you rights to their property or the right to stay there, if they ask you to leave.


  1. “We have children so even if we divorce, he cannot make me sell the house until they are 18”


There is no automatic restriction on the court ordering the sale of the house where there are young children. It will depend on the circumstances, any other assets and who can pay the mortgage.


  1. “If I transfer the money into an account in my maiden name, it will not be part of the matrimonial assets to be considered on divorce”


All assets, in whatever name, must be disclosed on divorce and considered in a matrimonial settlement.


  1. “He has the children’s passports but that’s OK, he will need my permission to take them abroad”


As long as someone has the children’s passports, they can take them abroad. A person who opposes this can apply for a court order preventing the children being taken out of the country.


So – If you want to know about beer, ask the man in the pub, if you want to know about family law, take advice from a qualified and experienced family lawyer.





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What's the next step?

Helen Starmer

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0113 254 9733

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To help you understand the processes involved with our family law legal services, we can lead you thorugh a typical scenario using our PDF smart guides. To get an idea of what's involved, simply click the icons below.


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0113 254 9733

Pudsey Legal
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415 Bradford Road, Pudsey,
Leeds, LS28 7HQ


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