OUR PEOPLE

Who has parental responsibility for a child?

A child’s birth mother will automatically have parental responsibility. A father will
usually have parental responsibility if he is married to the child’s mother or listed on
the child’s birth certificate.

The former matrimonial home is in my spouse’s sole name. Does that mean I have no interest in the property?

The former matrimonial home is an asset of the marriage and will therefore be placed in the ‘matrimonial pot’ and considered the same way as all other assets, irrespective of whose name those assets are in. Although you may not have a legal interest, you will have a beneficial interest.

Do the grounds for divorce affect the financial settlement?

Personal or financial misconduct will only be taken into account in very limited
circumstances and it is extremely rare. The grounds for divorce are generally
considered irrelevant during financial proceedings and therefore, it is important not to lose sight of the bigger picture.