FAMILY LAW
COHABITEE
With the increase in the number of couples choosing to co-habit as opposed to marry, it is extremely important for both parties to be fully aware of their respective legal positions.
The myth of the common law partner has caused many couples to believe that they are afforded the same legal rights as a married couple upon divorce. The reality is that the financial aspect and rights in respect of children of the relationship could not be any more different.
If there are children of the relationship, there will be an entitlement to child support through the Child Support Agency. However, there is no automatic right to additional maintenance from the non-resident parent.
In addition, an unmarried father does not obtain Parental Responsibility automatically.
A further consideration should be that a co-habitee does not have an automatic interest in their partners' property by virtue of living there. Any beneficial interest will be dealt with by the strict rules of Land Law and Trust Law and therefore it is vital to take advice as to your position.
A solution to the above is for both parties to take advice at the beginning of their relationship and consider entering into a Co-Habitation Agreement which will ensure that both parties are aware of their entitlement should the relationship breakdown.
Click to contact the Family Department or telephone the location nearest to you.
