Unmarried Couples and their Rights under English Law

Today more men and women are choosing to live together, instead of getting married.

Many refer to themselves as being 'common law husband and wife' and believe they acquire legal protection similar to those of a married couple.

They are wrong! The law will always treat unmarried couples as being individuals.

The Home

If the property is owned jointly, with one party contributing a greater amount, hopefully no dispute will arise as this should have been documented in a Deed of Co-ownership.

What if the property is owned by one party? Unless the non-owning party can establish a common intention that they would be entitled to a share, it will belong to the legal owner.

Children

If you are unmarried and have children, only the mother has Parental Responsibility.

An unmarried father can acquire Parental Responsibility in one of three ways

• Both parents entering into a Parental Responsibility Agreement; or
• Making an application to the Court.
• For children born after 1^st December 2003, by registering his name with the mother on the birth certificate.

Death

As an unmarried couple, it is important that you

• Make a Will, if you would like your property to be left to your partner.
• Review how you hold any property jointly.

Without a Will, everything could pass to your immediate blood family or your former spouse, if you had never got around to divorcing.

The attitude of the Courts is always changing. Until then, it is important to protect your future. 

Call Justin Forster on 07730 531584   to set up a fixed fee meeting or email jvf@kaslers.co.uk 

If you would like assistance in creating a Will, please call Vanessa Adamson on 01622 844 607   email va@kaslers.co.uk