Laws of Eve - 25 legal tips for men - November 2
Published: Monday | December 28, 2009
Sherry-Ann McGregor
For the Flair's 25th anniversary, we highlighted 25 legal tips women should know in our weekly Laws of Eve column. However, the Adams complained and was happy when we obliged and gave them 25 legal tips for men.
For the male readers who complained that Flair's 25th anniversary's article was skewed against them, this week's article is all about you.
As a man, you need to know:
1. You are no longer obligated to maintain your wife if she is able to do so herself.
2. The law allows you to make an application for maintenance against your common-law spouse or wife if you have reasonable needs which you are unable to meet.
3. You are entitled to make an application for a share of any property which is owned by your common-law spouse or wife.
4. There is a presumption that you are entitled to a 50 per cent share in the family home, even if that home is owned solely by your common-law spouse or wife.
5. Whether you fathered a child in a common-law union or in wedlock, you have an equal right to apply for custody of that child as does the mother of the child.
6. Your right to apply for custody of any child directly relates to your ability to prove paternity.
7. If your name is not on your child's birth certificate, you may take the necessary steps to correct it.
8. You may need to apply for a declaration of paternity to prove that you are the father of a child.
9. If a DNA test proves that you have been given a 'jacket', the registrar general will be directed to correct the register of births to show that you are not the father of the child.
10. If you had been maintaining a child and later discover that he or she is not your biological child, you may make an application for all sums spent on that child to be repaid to you.
11. As a parent, you have an obligation to maintain your biological child as well as any child who has been accepted or treated as a child of your family.
12. The obligation to maintain a child continues until that child reaches 18 years of age and may extend until he or she is 23 years of age if the child is attending a tertiary institution. The mother of the child has an equal obligation to do so.
13. You may be ordered to maintain your grandchildren if their parents are unable to do so.
14. You may be ordered to maintain your parents if they are unable to make reasonable provision for themselves.
15. If you do not have custody of your child, you are entitled to apply for visitation rights.
16. There is no presumption that the mother of your child has a greater right to custody of that child than you do, regardless of the age or sex of the child.
17. You may appoint a testamentary guardian for your child under your will.
18. Your consent is required if your child is being adopted.
19. Men are not entitled to paternity leave.
20. Your will automatically expires when you get married.
21. Either party to a marriage may commence proceedings to dissolve the marriage.
22. As long as you are a Jamaican national, you may apply for divorce in the Jamaican court, regardless of the country in which you got married.
23. You may apply for protection and occupation (that is, restraining) orders under the Domestic Violence Act.
24. You are entitled to apply for reasonable financial provision under the provisions of the Inheritance (Provision for Family and Dependants) Act if your common-law spouse or wife does not make adequate provision for you under her will.
25. You are entitled to demand the return of an engagement ring if the marriage does not take place due to the fault of your fiancée.
Sherry-Ann McGregor is a partner and mediator with the firmNunes, Scholefield, Deleon & Co. Send your feedback to lawsofeve@yahoo.com or lifestyle@gleanerjm.com.