In recent times there has been a rise in the total number of adults who’re choosing to live with one another as opposed to getting married or entering into a civil partnership. Some will not feel the need for a lawful arrangement, while others view living together as being a stepping-stone to marriage or civil union. It doesn’t matter what the reason, it’s important to appreciate that couples that cohabit outside of matrimony or perhaps a civil partnership arrangement have fewer rights and a lot less legal protection.
Many cohabiting partners believe there is such a thing as a ‘common law marriage’, that is applicable to all partners living with each other. But, they are often shocked to discover this is actually untrue throughout England and Wales. The majority of couples who happen to be just cohabiting are living with each other without much of the protection available to married couples and also civil partners, which can often create problems once the partnership comes to an end, or one of the partners passes away.
Property and Cohabitation
Considering that moving in with each other is basically an emotional decision, a lot of couples will not completely realise the consequences and also likely pitfalls which may be linked to cohabitation. There are a number of ways in which couples can look after their rights when buying a home, just in case the partnership does not work out.
Cohabitation & Finances
The money affairs of husbands and wives and people who are in a civil partnership are usually significantly better safeguarded as opposed to those who’re just cohabiting. Whenever a spousal relationship or even civil partnership is dissolved, each individual partner would have a right to a share of the combined assets, and one spouse might even need to give maintenance payments to the other. Cohabiting partners unfortunately, will not experience the same legal rights.
Cohabiting Parents
As soon as mums and dads happen to be husband and wife or perhaps part of a civil partnership, these people automatically assume all of the legal rights as well as responsibilities for their children. With regards to people that happen to be cohabiting, the same rights plus obligations are only available to the dad if his name is present on the official birth certificate, or perhaps the relevant paperwork is supplied that confirms he is the father of the particular baby in question.
Cohabitation Agreement
Many couples opt to speak with our Family Solicitors London office and have a cohabitation agreement drafted, in an attempt to provide a certain amount of legal protection if the partnership should end. This might be completed at any time before or while in the relationship, as well as soon after the relationship has finished, although this is more likely to be viewed as a separation agreement.
A review of the particular legal guidelines regarding the splitting up of partners that happen to be neither in a marital relationship or in a civil union, suggests it is possible that the laws might be adjusted before long.