February 01, 2018
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:
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.
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.
All assets, in whatever name, must be disclosed on divorce and considered in a matrimonial settlement.
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.