LAWS OF EVE - 25 things women should know about the law

Published: Monday | October 19, 2009



McGregor

1. You become a common-law spouse if you are a single woman cohabitating with a single man as if you were in law - husband and wife for at least five years.

2. As a common-law spouse, you have many of the entitlements that a married woman would have.

3. As a wife or common-law spouse, you are presumed to have a 50 per cent interest in the family home.

4. When interest in the family home is being transferred from one spouse (including wife and husband) to another, there may be no need to pay transfer tax.

5. If your husband or common-law spouse should die without leaving behind a will, you stand to inherit the major portion of his estate.

6. You may claim financial provision from your husband's or common-law spouse's estate if he leaves you out of his will or does not adequately provide for you.

7. If you received an engagement ring when you become engaged to be married, you may be required to return that ring if you break off the engagement or if you are responsible for causing your fiancé to do so.

8. Prenuptial agreements may prevent you from losing your assets when your common-law relationship or marriage breaks down.

9. Prenuptial and separation agreements are recognised by the Jamaican courts.

10. When you get married, you may retain your maiden name, assume your husband's name or a combination of your maiden name and his surname.

11. If you get divorced, you may revert to the use of your maiden name or continue to use the name you assumed when you got married.

12. In order to revert to the use of your maiden name, after you get a divorce, you do not need to obtain a deed poll.

13. Whether you are being threatened or have suffered physical, verbal or emotional abuse at the hands of your spouse or husband, you may apply to the Family Court to obtain a protection or occupation order.

14. You may apply for maintenance from your common-law spouse or husband, even while you are living together.

15. Your husband or common-law spouse may be entitled to seek maintenance from you.

16. If you give birth to a child while you are married, the law presumes that your husband is the father of that child.

17. You and the father of your child have an equal obligation to maintain that child.

18. If the Sexual Offences Act becomes law in its present form, your husband may be convicted of raping you.

19. If the Sexual Offences Act becomes law in its present form, women may be convicted of committing the crime of rape.

20. The crime of infanticide can only be committed by the mother of a child.

21 You may file a petition for divorce if you have been married for two years, separated for one year and your marriage has broken down irretrievably.

22. You can be separated from your husband, even while you continue to live under the same roof.

23. If you qualify for benefits under the Maternity Leave Act, you are entitled to receive 12 weeks' maternity leave, with eight weeks' pay.

24. Your will becomes void after you get married, so you must prepare a new will.

25. A girl who is under 16 years of age is not capable of consenting to sexual intercourse.

Sherry-Ann McGregor is a partner and mediator in the law firm of Nunes, Scholefield, DeLeon & Co. Send feedback and comments to lawsofeve@yahoo.com or Lifestyle@gleanerjm.com.

 
 
 
The opinions on this page do not necessarily reflect the views of The Gleaner. The Gleaner reserves the right not to publish comments that may be deemed libelous, derogatory or indecent. To respond to The Gleaner please use the feedback form.