A divorce is one of those things that everyone thinks they know about. From big stories of their work colleague who got taken to the cleaners to celebrity divorces in the news or even your own experiences closer to home, people are willing to give lots of advice and facts. In reality however it is very different, each divorce or separation has a unique set of circumstances and cannot be compared to another divorce as they can be very different.

In this presentation I am going to state several different categories and that facts and myths that go with a Divorce in UK

Parental Rights

MYTHI have full Parental Responsibility for my boy even though I am not married to his mother. I am his natural dad.

FACTOnly the mother will automatically have Parental Responsibility. However, for children whose birth is registered on or since 1st December 2003, the father will acquire Parental Responsibility if he is named as the childs father on the birth certificate. He may also acquire parental responsibility if he enters into a Parental Responsibility Contract with the mother, or the court grants one.

Step Parents

MYTHI have a step son who I have been around since he was only 6 months old and he now calls me dad, my ex claims no money from his real father even though she has in the past via the CSA. I also have a 20mth old daughter who is mine. Can my ex wife take me to court to make me pay child maintenance for both children or just my kid?

FACTIt is possible for her to ask the Court to order you to make payments for your stepson. I am unclear whether you married her, but if so it makes it much more likely they would make an order. In any case, they should carefully take account of the fact that there is or was a CSA order against the father and that you will no doubt be paying the CSA with regard to your daughter.

Spousal Maintenance

MYTHMy husband has to pay me spousal maintenance so I can stay at home with our children.

FACTUnder the Matrimonial Causes Act 1925, there is the right to claim spousal maintenance. This is in addition to any maintenance payable for any children. However, it is not an automatic claim. It will only become payable if the party can show there is a genuine need for financial provision and can show that the former spouse can pay it.

Residence And Contact

MYTHThe children cant live half the time with him and half with me.

FACTYes they can, assuming that is genuinely in the best interest of the children and it is increasingly found to be so. Of course, youd have to consider any possible impact upon things like attending school, after school activities and friends. Normally a court wont interfere if the two parties can come to some arrangement between themselves.

Residence And Contact

MYTHOnce a child has left school, the father no longer has to pay the child support.

FACTAn absent father can be required to pay child support during a childs attendance to university and the gap year they can take before university but each case is looked at separately as there is no automatic right for maintenance to continue once a child leaves school. The court would normally expect an explanation from you as to why you and your child feel that support should continue.

Remember When your looking for Family Law Advice remember to take note of the myths and make sure you know the facts.

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