Legal no-nos in marriage, family matters
WHAT is one of the biggest mistakes you’ve made when it came to your legal rights – marriage, spousal, common-law – or navigating the courts that you’d warn other women about? It’s a question we asked some women – divorced, married, and in child custody situations – and they encourage other women to heed these warnings.
Child support from a parent overseas
Faith, 47:
Get it early, and no matter where in the world the other parent is, it’s possible to get it. I was able to get support from a father in a State that was not a reciprocating State by approaching the child support agency in the State the father resides. After years of the local family court telling me they couldn’t help, one day I got frustrated and reached out to the State agency myself. Within weeks I had a child support order, with arrears. I just wish I had pushed much sooner, because my child is almost an adult. Imagine if I had pushed earlier, I would have benefited from her father’s help in all the years I struggled alone.
Changing name after marriage
Janice, 32:
Don’t do it. You’ll need to change your TRN, driver’s licence, bank accounts, back account signatures, passport, visas, and everything you have to your married name, and then it will be hell to change it back after a separation or divorce as you will have to retrace all these steps. Even if you do change your name, don’t change it on your legal documents.
The 50-50 rule
Paula, 27:
Once you’re married, you’re a union, so neither you nor your spouse can hide funds from each other or invest funds into any asset without your spouse’s consent. Everything is 50-50. However, this 50-50 rule does not apply to your spouse’s commercial property or business. If you have contributed, for example, to building the business, you will have to produce evidence to the court of the contribution made in the acquisition of the property to determine what you’re entitled to in the event you divorce.
Child support in Jamaica
Ann-Marie, 30:
Get a lawyer and go to the Supreme Court instead of the Family Court. Ensure that it’s a lawyer experienced in family law. Ensure that you get support, with a percentage increase every year, and with discussions for college. All this can be done in one application to the Supreme Court, without having to be going to the Family Court every time for an increase.
Pre-nups
Catherine, 32:
Sign that pre-nup. This not only affects your financial responsibilities or rights to assets upon divorce, but can protect you from being responsible for their debts, keep your property separate, and limit their right to collect alimony in the event of divorce.
Custody dispute
Lorraine, 45:
Say you have a custody order in Jamaica and want to send your child for visits to their parent overseas. Before you do this, seek to have your Jamaican order filed in the court where the other parent resides. This ensures that there will be no issues if the other parent tries to retain your child.
Parental alienation
Valerie, 37:
Whatever you do, do it in the best interests of the child and not off personal feelings. Don’t try to alienate your child from the other parent or speak ill of the other parent. The children will grow up and hate you for it, and make their own choices anyway.
