When it comes to family law, one can always find someone with their own piece of advice or tales to tell. Even though such people have your best interest at heart but listening to their advice can prove to be more harmful than helpful. The primary reason for this is that their information or types are largely based on common stereotypes, their personal experiences or by word of mouth. What we all fail to understand is that family law is a very complex subject where any two cases might seem to be similar but froma law, perspective can be worlds apart. It is for these reasons some expert legal opinions can save you from a world of hurt.Following are 5 common myths you might have heard about family laws:
Rights of a “Common Law” wife
Merely living together does not automatically qualify one to have legal rights over the partner’s possessions, even if it has been for more than 50 years. In order to gain these rights one either will have to rely on vague Trust laws, get married or enter a civil partnership with their partner
Being Married Entitles One To Half Of The Wealth
This has to be one of the most common myths known to everyone when in reality there is no such law over the whole of Wales and England. The family laws aim at achieving fairness between both parties by keeping in view a number of factors such as the needs of the individuals and children, duration of themarriage and the assets available to both partners currently and before marriage. These factors in terms of fairness can result in one getting more than the other.
Divorce based on “irreconcilable differences.”
This law is applicable in the US but not in the UK. In the UK the basis of divorce has to be either a separation period of 2 years, the spouse’s adulterous relationships or any kind of unreasonable behavior.
Transferring Assets Can Defer The Spouses Shared Claim
As per law if any asset is found by the court to have been transferred to prevent claims from the spouse, then that transfer will be deferred,and the asset will be available to be contested for claims to both parties. It doesn’t matter whether the asset is now a part of a Limited Company or a family trust. The claim can still be contested in the divorce proceedings.
Being Separated Equals License For Sexual Relationships
Separation does not give the clearance to engage in sexual relationships. As long as one is still married any kind of sexual relationships with new partners are deemed to be adulterous in the eye of law.
As surprising as these myths were, the list just doesn’t quite end here. There is a hefty number of such myths out there. So if you are going through a divorce then do yourself a favor and consult with a certified Family Lawyer like http://www.tbw.uk.com/family-law/lawyers-solicitors-bexleyheath.html while keeping with your friend for emotional support only.