Common law wife or husband - the myth

It's really quite simple - you are either married or you are not.There is no such thing as a 'Common Law Marriage'. If you are not married and your relationship breaks down, you do not have the same legal remedies as those available to married couples. If you are an unmarried partner, you should be aware that, in the event of a break-up, your former partner has no financial responsibility towards you.

Although you may be entitled to payments towards the care of your children, unlike a husband or wife, you have no claim to financial support for yourself.

Many couples start to live together without any thought as to what would happen if they later separated.Many do not know what rights they have regarding their children, what will happen to their house etc. Indeed, there are various important matters that unmarried couples are often unaware of, for example - if their children were born before December 2003, the father may have no rights regarding the children unless he has specifically been given parental responsibility by the mother through a 'Parental Responsibility Agreement'.

Furthermore, unmarried couples are often under the mistaken impression that simply living in a house with their partner gives them an automatic right to a financial share in the property.

However, this is not the case.To be entitled to this, you will usually need to prove an agreement to share or show a direct financial contribution. If you buy a house together, potential heartache and distress could be avoided by agreeing, at the outset, what to do in the event of a break-up.

Would the house will be sold or kept as ahome for the children and if kept, who would get to stay in the house and what share would you each be entitled to? This type of agreement - a 'Declaration of Trust' sets out matters in case of separation. A 'Cohabitation Agreement' goes further still - it covers the arrangements during the time you are together and in the event of relationship breakdown, providing both parties with peace of mind.

Contact us:

For further advice on family and matrimonial issues, please contact a member of our family team.

Download Article:

Click here or click on the image at the top of the article to view as a pdf.

Published:

27 May 2011