Our Family Law Legal Hour is hosted by Karen Pritchard, Senior Associate in our Family Department.
If you require further help regarding family law, please phone us on 01279 755777 or contact Karen Pritchard Directly directly.
Our Family Law Team will be hosting the Nockolds Legal Hour on the following dates:
|Wednesday 12th July 2017 ||12pm - 1pm |
|Wednesday 23rd August 2017 ||12pm - 1pm |
|Wednesday 4th October 2017 ||12pm - 1pm |
|Wednesday 15th November 2017 ||12pm - 1pm |
Our Latest Legal Hour Questions (12.07.17) Read all of the previously answered questions here
My partner and I are not married. We bought our property together 10 years ago however are considering separating. What happens to the house?
This depends on how the property was purchased – whether as joint tenants or tenants in common. As joint tenants there is a presumption that the house (if sold) would be split 50/50 unless you entered into a declaration of trust showing that any equity would be held in equal shares. This also depends on whether any children live at the property as an application could be made to ensure that they are provided for either through maintenance, a lump sum payment or retention of the family home.
My girlfriend has three children with a former partner. I am not named on the birth certificates and there is no court order in place. How do I go about obtaining parental responsibility?
A party who is not named on the birth certificate can obtain parental responsibility through marriage, a parental responsibility agreement with the mother or a parental responsibility order made by the court.
My partner recently left. I have a child with my ex-husband who is untraceable. My partner and I were together for a long time and he cared for my child like they were his own. Is he responsible to make child maintenance payments?
Your partner may be liable to make child maintenance payments where the child has been treated and cared for as a child of the family (being you and your partner) and the child resides with you. You will need to contact the Child Maintenance Service who may wish to know more information about the last known location of your ex-husband.
Is it possible to rely on your own adultery as a ground for divorce?
Whilst adultery is a ground for divorce, it is not possible to rely on your own adultery. You may instead wish to consider filing the divorce petition on the grounds of your partner’s unreasonable behaviour. It does not have to be damning, just enough to prove to the court that the marriage has irretrievably broken down.