Comments on: Marriage and divorce: what every ex-pat bride should know and do http://www.marilynstowe.co.uk/2008/09/03/marriage-and-divorce-what-every-ex-pat-bride-should-know-and-do/ Where Family Law Meets Family Life Thu, 17 May 2012 17:28:23 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Marilyn Stowe http://www.marilynstowe.co.uk/2008/09/03/marriage-and-divorce-what-every-ex-pat-bride-should-know-and-do/#comment-147 Marilyn Stowe Mon, 26 Jan 2009 09:55:27 +0000 http://www.marilynstowe.co.uk/?p=249#comment-147 You have hit upon a gap in English law which I am constantly highlighting. There is no specific cohabitation law in England. It does exist in Scotland and I will shortly be posting a blog, written in conjunction with a Scottish lawyer outlining the contrasting positions in both countries. There is provision under the Children Act for an unmarried parent with a child to obtain relief from the other parent for the benefit of the child. It is far from satsfactory but it is a potential rememdy. There is also the potential for a cohabtiation agreement to be entered into, before leaving the country, making provision for how the relationship is to run financially, and what is to happen if the relationship ends. This could include where a child is to live, with whom, contact arrangements with the other parent, travel provisions, financial provision including maintenance and housing etc. As matters currently stand, any dependent spouse or partner with or without children, is taking a substantial risk going to live abroad without an agreement in place as to what is to happen if the relationship breaks down. You have hit upon a gap in English law which I am constantly highlighting. There is no specific cohabitation law in England. It does exist in Scotland and I will shortly be posting a blog, written in conjunction with a Scottish lawyer outlining the contrasting positions in both countries.
There is provision under the Children Act for an unmarried parent with a child to obtain relief from the other parent for the benefit of the child. It is far from satsfactory but it is a potential rememdy.
There is also the potential for a cohabtiation agreement to be entered into, before leaving the country, making provision for how the relationship is to run financially, and what is to happen if the relationship ends. This could include where a child is to live, with whom, contact arrangements with the other parent, travel provisions, financial provision including maintenance and housing etc.
As matters currently stand, any dependent spouse or partner with or without children, is taking a substantial risk going to live abroad without an agreement in place as to what is to happen if the relationship breaks down.

]]> By: maria http://www.marilynstowe.co.uk/2008/09/03/marriage-and-divorce-what-every-ex-pat-bride-should-know-and-do/#comment-146 maria Sat, 24 Jan 2009 22:21:20 +0000 http://www.marilynstowe.co.uk/?p=249#comment-146 So, what happens if you aren't married? What happens if upon separation you can not afford to live in Spain, for example, or if carrer opportunities were better and your lifestyles would be considerably better? What steps should be taken when considering separating to safeguard your future and that of your child's? So, what happens if you aren’t married? What happens if upon separation you can not afford to live in Spain, for example, or if carrer opportunities were better and your lifestyles would be considerably better?

What steps should be taken when considering separating to safeguard your future and that of your child’s?

]]>