A relationship breakdown for a couple cohabitating (or living together) can be a difficult and confusing time, with many individuals unsure of their rights. As the law currently stands, there are radical differences regarding the rights between married couples and non-married couples who are living together, regardless of the length of time they have been cohabitating. The property rights of a cohabitating couple, who wish to separate, are governed by a separate law, which provides none of the matrimonial rights of a married couple. As specialists on this ambiguous subject matter, Child Law Partnership can advise you of your rights regarding property, finances, and children.

In addition, we can also advise couples considering living together and the legal consequences of the relationship potentially breaking down at a later date.

YOUR QUESTIONS ANSWERED:

Q: My partner and I are considering living together but are not considering marriage. What are the implications if the relationship were to break down?

A: More and more couples are seeking advice before entering cohabitating. We can assist you in drawing up a Cohabitation Agreement before you move in together, which will define each individual’s current financial situation and a produce a formal financial agreement in the case of a relationship breakdown. It is a similar document to a Pre-Nuptial Agreement for married couples and could save messy litigation cases and costly legal fees further down the line.

Q: I don’t fundamentally believe in marriage, but want to move in with my partner. In a society that highlights equal rights, how is it fair that my rights are less favourable than a married person?

A: This is a controversial debate that has run for many years. The Law Commission is currently reviewing the law in regard to financial consequences of a breakdown between cohabitating couples, so that there are more rights for couples who have lived together for two years or more.

Q: My partner and I are separating, having both accrued debts during our relationship together. I am concerned as the debts are all in my name – does my ex-partner have to help pay for them?

A: As an unmarried couple, you and your partner are each legally responsible for your own debts that are in your name, and your share of any joint debts. Once separated, there is no legal duty to assist each other financially, unless a Cohabitation Agreement was drawn up in advance. There is also no right to receive any personal maintenance from a former partner. (Child maintenance is a different law altogether).

Q: My partner and I currently live together but are about to separate. My partner initially bought our house – does this mean I will have to leave?

A: This depends solely on whose name is on the title deeds, and therefore who owns the house. Essentially the property rights remain entirely unaffected, regardless of how long the couple have been living together, so if your partner owns the house, he/she is entitled to ask you to leave. If children are involved, an application should be made under the Children Act to receive income and capital for the children. If the partner that does not own the property has made significant contributions, this could have some of bearing on the outcome and an application should be made under the Trust of Land & Appointment of Trustees Act. Please arrange a consultation for more advice and information.

Q. What is the current law regarding children in unmarried relationships?

A: Whilst both parents have a legal responsibility to financially support their children until they have completed full-time education, the current law states that the child’s mother assumes automatic parental responsibility for her child if the parents are unmarried. The child’s father will also have parental responsibility for his child if his details are entered on the child’s birth certificate.Alternatively the father can also request a parental order through the courts or sign a Parental Responsibility Agreement with the child’s mother.

Q: I have been in a same sex relationship for many years and jointly raised my partner’s biological child since birth. We are currently separating – do I have any rights over the child?

A: Legally, only the biological parent assumes automatic parental responsibility of the child. However, an application may be made through the Courts under the Children Act.