Family
We are Unmarried. Do We Share Parental Responsibility for the Children?
Mothers automatically have parental responsibility, whether married or unmarried.
Fathers who are married to the mother when the child is born automatically have parental responsibility.
Fathers who are not married to the mother when the child is born do not automatically have parental responsibility.
If the child was born before 1st December 2003:
An unmarried father can obtain parental responsibility by:
- marrying the mother;
- entering into a parental responsibility agreement with the mother;
- obtaining a Parental Responsibility Order from the Court (this can be applied for, if the mother will not agree to enter into a parental responsibility agreement);
- obtaining a Residence Order from the Court; or
- becoming the child’s guardian, if the mother dies.
Also, if the child's birth was registered before 1st December 2003 and the father was not named on the birth certificate, then the child's birth can be re-registered to include the father's name. Once this has been done, the father will have parental responsibility.
If the child was born after the 1st December 2003:
An unmarried father will have parental responsibility if he is registered on the birth certificate.
My Husband has had an affair. When we divorce, will this be taken into account when the Matrimonial Assets are distributed?
Whilst it is distressing that your husband’s actions have led to this situation, the affair is not taken account of when distributing the matrimonial assets, even if it is cited a reason for the marriage breaking down. The only “financial conduct” which is relevant is, for example, if he has hidden assets or used assets unnecessarily, when this may be taken into account.
What is a Deed of Separation?
This is an agreement between husband and wife, who do not currently wish to divorce, but wish to sort out the financial side of their separation now as opposed to waiting for the divorce. They record how the finances are to be split and confirm that no further claims will be made against the other, if or when they divorce at a later date.
Full disclosure of financial information should be given and both parties should have independent legal advice.
Deeds of Separation are not sanctioned by the Court and as such are not watertight to prevent one party making a further claim against the other. However, such a claim is unlikely to succeed if both parties have had advice and there has been full disclosure.
Does the Party Who the Children Live With Automatically Get The House?
All the family assets are looked at, being the individual assets of each party and those which are joint. The assets are then divided between the parties. Whilst the party with care of the children may get a greater percentage split of the assets, this does not mean that they automatically get the house. The other party may buy them out or the house may have to be sold. Each settlement is individual to the parties’ needs and on the basis of the assets available.
The House is in My Former Partner’s Name, but I made the Mortgage Payments and Paid for a New Kitchen, What Am I Entitled To?
When parties have lived together as co-habitees, but have not been married, the position is that on separation, each party is entitled to what they have put in. Therefore, assets in sole names remain the property of the person in whose name it is, for example bank accounts etc.
In respect of a house which is in one party’s sole name, to enable a claim to be made against the equity in the property, the other party must show that they have contributed to the mortgage, upkeep etc, or that whilst it was always in one name, it was always intended to be considered as a joint asset. Therefore, if you have evidence of contribution, you will be entitled to a share out of the property, equivalent to your contribution.
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