legal advice

[lovelytoes]

Long story sorry.
When i met my boyfriend he was separated but still married and still lived in the same house as his wife and 2 children.he paid all the bills and the mortgage.a cople of years later we had a son and planned to get a house of our own.he paid child support to me until he moved out and we started living together.his wife was aware of everything and she proceeded to divorce him after he left.she requested that the house be signed over to her to which my boyfriend did not want to do but felt backed into a corner at the time.

5 years down the line and we are gettng married.we have just found the divorce petition that she sent him and she has failed to name our son as a child born to respondent during there marriage.also she has said that no child maintenence was paid by respondent either.

Is there anything we can do about this now.as this means our son would not get an equal share of his fathers assets.

Is it too late in the day to do anything about this now.

I guess the reason she lied was to get everything for herself and her 2 children.

this means our son would not get an equal share of his fathers assets

If you are in the UK it means nothing of the kind. If your partner dies his estate will be distributed according to his will. If he hasn't made one he should get on and do so as without one you won't inherit anything.

If he dies intestate and without remarrying his estate will be split equally between his children. If his ex or her children dispute the parentage of your son it can be resolved through DNA tests if necessary.

Your child wasn't a child of the marriage though. It really makes no difference to anything if the house etc has been signed over to her & the consent order stamped.

As the others have said, it makes no difference whatsoever to his children's entitlement to inherit, as no distinction is made between children born in and out of wedlock any more.

As prh47 says, though, you will inherit nothing automatically so you should probably both make wills.

Thank you all for your replies.

The real issue is my son was not entered on the divorce
Petition as a child of the respondent.

Is this legal?

I was under the impression that the petitioner swears on oath that the contents are true.

Surely your boyfriend spotted it before signing his copy?

The petitioner is merely required to, "Complete the form as fully as you are able". The petitioner cannot, for example, be expected to declare children of whom they are not aware or where they do not have the required details. It really isn't relevant.

Why does it matter?