Gardner Leader

Common misconceptions in Family Law

In this article, Jo Beasley, Family Practitioner at Gardner Leader LLP solicitors in Thatcham, addresses some of the common misconceptions that she encounters from clients.

I’d like a “quickie” divorce.  

When I advise clients that their divorce is likely to take between four to five months, they often question why footballers’ wives or film stars only have to wait six weeks!   What is not reported in the media is that the six week period quoted is just the time between the issue of the Decree Nisi, the first stage of the divorce, and the availability of the Decree Absolute, which is the final part whereby the marriage is dissolved. The work leading up to the issue of the Decree Nisi involves drafting and issuing the Petition and waiting for the Court to serve the papers to the Respondent. Only then can the application for the Decree Nisi date be made, which is usually set for around four to five weeks later.

If I receive legal aid – I won’t have to pay a penny!

Legal Aid – or public funding as it is now called – is not always free.  If, as a result of receiving public funding, a client receives a lump sum, or keeps the family home, they may have to repay all their legal fees either immediately (if they receive money), or at some time in the future.   On many occasions as well, clients have to pay a monthly contribution towards their funding if their income is over a certain level.

Do I have rights as the “Common Law” partner? 

Couples often believe that once they have been living together for more than six months, they are automatically entitled to an equal share of each other’s assets.   This is another urban myth! Unmarried couples have no claims against each other for maintenance or pension provisions, or assets held in the sole name of one or the other.   It is therefore vital that if you are planning to live with your partner, and purchase a house together, that you obtain legal advice regarding the implications should you separate. This is particularly important if one party puts more money into a property than the other, or the house is to be held in only one name. 

What are my rights as a grandparent?

Under current law, grandparents have no automatic right to apply for contact with their grandchildren. It is a sad fact that often, during marriage or relationship breakdowns, grandparents lose out – particularly if the breakup is acrimonious.   However, they can apply for “leave” ie permission to make an application for a Contact Order.

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