Knott another blog: Common Misconceptions

3 September 2020
Uncategorised,

By Jesca Knott, Paralegal, Family Law Team

Hi, I am Jesca Knott, I joined Cullimore Dutton earlier this year as a Paralegal in the Family Law team and I’m sharing these brief insights into life as the new girl.

Today I am sharing a few common misconceptions within Divorce law which I have already come across.

Living with somebody for a long time means you achieve the status of Common Law Husband or Wife.
This is not true, having been abolished by the Common Law Marriage Act in 1753. The starting point for the Court will always be that you have no automatic entitlement to each other’s assets.  

People often make the assumption that a long relationship will lead to equal division of the assets, but in reality, it can be extremely difficult to prove that this should be enforced. 

It is always best to seek independent legal advice when it comes to protecting your legal and property rights. 

Business assets are not taken into account by the Court 
Again, this is not true, something which I was not aware of. The Court will look to consider any business assets in the same way they consider any other asset such as your income or pension. 

There is a great deal of paperwork and documentation which must be collated in Matrimonial Proceedings and it is important to give full transparency when it comes to Finances in order to comply with the Court. 

Financial Settlements will always be split ‘50/50’
The Court will always seek to ensure equality. However, the priority must be that the financial needs of both parties are met. 

It is very rare for two spouses to have the same income, pension or even childcare responsibilities and the financial needs will often be very different. Any decisions made by the Court must be reflective of such needs and independent to every case.

Jesca

Get in touch with Cullimore Dutton Solicitors on 01244 356 789 or email info@cullimoredutton.co.uk

Please note: This is not legal advice; it is intended to provide information of general interest about current legal issues.

 

 

 

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