Court marriage dissolution

Question

Please as an ex wife, we did court wedding with my husband, he wants to dissolve the marriage in high Court, am I entitled to his property, and children custody

Martins &amp; Associates · Accepted Answer

You are entitled to children custody if they are still under 18 years and maintenance

CO-dunni Law Solicitors · Answer

if the children are under 7 years, you are automatically entitled to custody. If they are over 7 years the court would consider other factors like age, sex and whether the spouse is a good and present parent. Child maintenance would be awarded to the custodian party according to the means of the other party involved. whether you are entitled to any property would be determined by other factors, i would encourage you discourse with your counsel. Find a divorce Lawyer around you

Grupo Devoument Abogados · Answer

Since you mentioned that you had a court wedding, your marriage is legally recognized under statutory law (in many countries, this would be under the Marriage Act or similar legislation). Here's a general overview of what may apply to your situation:

1. Property Entitlement

Whether or not you're entitled to your husband’s property during divorce depends on a few factors:

❖ Joint Property

Any property acquired during the marriage and jointly owned or contributed to by both spouses is typically subject to equitable distribution.

This includes property purchased together or where you contributed (even indirectly, like through homemaking).

❖ Separate Property

Property owned before the marriage or acquired through inheritance or gifts to one spouse is usually considered separate and may not be shared.

However, if you contributed to improving that property or it was used for family benefit, you might have a claim.

❖ Proving Contribution

Courts often consider both financial and non-financial contributions (e.g., child care, household support).

Keep evidence (receipts, records, witnesses) showing your contributions.

2. Child Custody

Child custody is not automatically granted to either parent. Courts decide based on the best interest of the child. Here are some things the court considers:

❖ Factors Considered:

Welfare and best interest of the child

Each parent's ability to provide for the child (housing, schooling, emotional care)

Age of the children (younger children are often placed with the mother unless circumstances suggest otherwise)

Stability and continuity

Relationship with the child

❖ Custody Types:

Physical Custody: Who the child lives with

Legal Custody: Who makes major decisions (education, religion, health)

Usually, the court aims for shared responsibility, but it can give full custody to one parent with visitation rights for the other.

What You Should Do:

Gather documents – Marriage certificate, property records, proof of contributions, child-related documents.

Stay involved – Attend all court hearings and follow legal procedures.

Child welfare – Show that you're able and willing to provide a stable environment for your children.

If you tell me what country you're in, I can provide more specific legal information based on your local laws.