Family law

[PobodY]

Although not particularly pertinent to the original question, my father-in-law was married before and had two children. It was all fairly amicable and the ex-wife remarried and the new husband adopted the children... or so everyone thought.

It turns out that he never bothered with the paperwork, so when it came to get a passport my wife's half-sister discovered that she'd never been adopted and for some reason her biological father had to get involved.

I don't know what would have happened if the new husband and ex-wife had split; I guess they would have got a bit of a surprise if they tried for child maintenance

Families eh?

 

[grober]

.
It turns out that he never bothered with the paperwork, so when it came to get a passport my wife's half-sister discovered that she'd never been adopted and for some reason her biological father had to get involved.

Getting your first adult passport

 

[MissyD]

Thanks guys for your comments, let's see how it goes

 

[219]

Anyone know about family law?

My niece has 4 children by a previous partner, she married a guy 2 years ago but things aren't going well. Would her husband be liable for child maintenance for these children even though he isn't their 'real' father?

I'd imagine that the father of those children would be liable for maintenance until they leave school .

If she is getting maintenance from their biological father , the current husband shouldn't have to pay upkeep for them , unless voluntarily .

 

[219]

My pals wife had an affair and took off with the new fella, she went on to blow £50k on all manner of credit cards etc and by the time the divorce came around turned out my pal was liable for half of the debt!!!

There is a legal process to cover that - it's along the lines of contacting any known banks and card issuers and telling them they have separated and he is no longer responsible for her debts , and also placing a public notice in a newspaper to the same effect - a lawyer would advise .

 

[Deleted member 6183]

There is a legal process to cover that - it's along the lines of contacting any known banks and card issuers and telling them they have separated and he is no longer responsible for her debts , and also placing a public notice in a newspaper to the same effect - a lawyer would advise .

The only person who is responsible for a debt is the one who signed on the dotted line, if they both signed then they are both jointly and severally liable.

 

[219]

Unfortunately , and in general , one of the legalities of being married is that one is jointly responsible for one's spouse's debts , unless this is specifically excluded .

 

[Deleted member 6183]

Unfortunately , and in general , one of the legalities of being married is that one is jointly responsible for one's spouse's debts , unless this is specifically excluded .

That is not the case.

 

[Darrell]

Is it my imagination or has this thread been up before?

 

[219]

That is not the case.

There are a few ifs and buts , however in general it is the case , and has been for centuries.

Are You Responsible for Husband or Wife's Debt?

 

[Deleted member 6183]

There are a few ifs and buts , however in general it is the case , and has been for centuries.

Are You Responsible for Husband or Wife's Debt?

That article is written by a 24 year old American trainee librarian.

For clarity, let's say I lend your Mrs £10k and she signs a legally binding loan agreement to this effect detailing repayments, interest T&Cs and so on.

She, then, cannot make the repayments and defaults on the agreement.

I could not legally enforce that agreement against you.

Let's say I am dopey enough to try, I get you in the county Court and the very first thing that the District Judge asks me for is evidence that the debt is owed by you to me.

I produce a loan agreement signed by your wife and say that it's OK because you are married to her.

The DJ sends me packing and awards costs against me for being a time wasting tosspot.

 

[Deleted96908]

Covered this is my credit algorithm days. IIRC no automatic spouse joint and several liability in the UK. There are however exceptions, including where a court will hear on whether a loan taken out by one party was intended as beneficial to another. Ie. ‘You get it and I’ll pay it back. ‘

And also, spouses are informally linked together by credit reference agencies and additionally, formally linked as financial associates when both sides share a credit agreement. In either case because of the association the credit records of both sides are made available even if only one side is on the application form. Nasty and grubby and about to get a lot grubbier with news that at least one agency is developing software to report on the cash flow in your current and savings accounts. This figure, assuming you agree to release the information, will expose your entire banking profile to credit agencies. No more entering your salary on the app form, as they will already know - and complete with a list of outgoings, will go towards exposing your net monthly position....

 

[DSM10000]

There are a few ifs and buts , however in general it is the case , and has been for centuries.

Are You Responsible for Husband or Wife's Debt?

Only if you both (or multiple persons) sign a finance agreement of any type where there is joint and several liability.

"Joint and several liability is when multiple parties can be held liable for the same event or act and be responsible for all restitution required. ... The liable parties would be required to pay the entire damage award, which could be split among multiple parties or could come from just one party"

 

[markjay]

That article is written by a 24 year old American trainee librarian..

Good point, the chap who wrote the article is based in the US, and obviously they'll have different laws to ours:

"Physically, we’re located in the greater DC metropolitan area for various reasons. So you’ll occasionally see DC-related posts on the site, or things geared toward city living. However I grew up in a suburban setting and went to college in a rural area, so I’m familiar with many types of U.S. living. "

 

[Dryce]

and obviously they'll have different laws to ours:

'ours' plural

It's worth noting that the UK - just as the US has variations between states - that things can be different in NI and Scotland.

 

[Deleted member 6183]

'ours' plural

It's worth noting that the UK - just as the US has variations between states - that things can be different in NI and Scotland.

Good point, what is the difference in Scotland?

 

[Dryce]

Good point, what is the difference in Scotland?

IANAL

 

[carnut]

I'm waiting to see who gets custody of the cars...after all this is a car forum isn't it