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Archive for December 25th, 2007

Family Law in the UK: Common Law Husband/Wife Myths.

Tuesday, December 25th, 2007

Common Law Husband/Common Law Wife – The continuing Myth. Contrary to popular and long held belief, common law husbands and wives have not been recognised in English family law for many hundreds of years.

Pre-Nuptial Agreement – Myth. Pre-nuptial agreements are binding. This is untrue. They are not binding in English law although they can be taken into account in certain circumstances. Family law solicitors can advise you on these agreements but you should be warned that the longer the subsequent marriage the less notice the Court will take of the agreement. When children come along you can virtually throw the agreement out of the window. However, there are exceptions and those excepts are (a) when both parties have received independent legal advice; (b) there is full financial disclosure; (c) the agreement is fair; (d) there should be as no duress. Most people who enter marriage do not expect to be divorced and the pre-nuptial agreement is hardly ever entered into but those who are marrying for a second time and who have substantial assets may feel that it is appropriate for them.