Another great new article from thebestof Cheltenham's Local and Vocal Magazine... 

Marriage Affairs

Sometimes the hopes and aspirations people have for their marriage simply don’t work out. Circumstances change; situations change, people change, and when a marriage collapses things can get very messy.

Barbara Jordan is a partner with Harrison Clark Solicitors of Cheltenham. A respected and highly experienced Divorce and Family lawyer, with a reputation for fighting hard for her clients, Barbara shares her considerable expertise on family law with Local & Vocal.

QUESTION

My husband and I plan to divorce on his adultery. He has threatened to transfer ownership of our marital home from his name to his brother’s so I get nothing. Can I do anything to prevent this?

ANSWER

First of all you should commence divorce proceedings and apply to the Court for ‘Ancillary Relief’ (financial orders on divorce). You can then apply for an injunction to prevent your husband disposing of the house by showing that his intention was to defeat your financial claims.

If your husband disposed of the house before you obtained an injunction you would need to apply to the Court for an Order setting aside the transfer of the house.

QUESTION

When I separated from the father of my two daughters we made a Parental Responsibility Agreement as we weren’t married. I have since married and my husband has a great relationship with the children. Is it possible to give him Parental Responsibility even though he is not the natural father?

ANSWER

Following a recent change in the law your husband can acquire Parental Responsibility (PR) by way of a Step-Parent Parental Responsibility Agreement.   However, because the natural father has PR he must also sign the agreement.

If the children’s father refuses to sign, you and your husband could apply to the Court for a Joint Residence Order.  Your husband would acquire PR through the Residence Order.

QUESTION

I divorced my wife four years ago and was ordered to pay her monthly maintenance. She is now cohabiting with another man who is making a living wage. To my astonishment my former wife tells me I have to continue to pay her maintenance. Surely this can’t be the case?

ANSWER

The answer to your question will depend on the particular financial circumstances of both you and your former wife. A court will consider the stability of your former wife’s new relationship and both her financial circumstances and your own before coming to a decision.

However, I do think that there will be a natural reluctance on the part of a District Judge to force you to continue to pay maintenance to a woman who is living with a new partner.  As a compromise the court may order you to pay a lump sum as a final payment to her in the place of ongoing maintenance.

In all cases it is advisable to seek professional help from a family law solicitor to find out your rights and to act on your behalf.