Across England and Wales a lot more adults are choosing to live with one another without ever getting married or entering a civil union. This cohabitation may be leading up to some kind of official partnership, or maybe the partners might just have a preference for the convenience of cohabiting. In either case, the thing that all of the partners in this kind of situation should realise is they don't share the same protection under the legal system as couples or individuals in a civil union.
Plenty of cohabiting adults think that there's such a thing as a 'common law marriage', that refers to all partners living with each other. However, they could be shocked to find out that this is in fact incorrect throughout England and Wales. Many adults who happen to be only cohabiting are living with each other without a lot of the safeguards provided to married couples and also civil partners, which may create problems if the relationship ends, or one of the partners dies.
Property and Cohabitation
Because moving in with one another is basically an emotional decision, a lot of couples will not entirely understand the implications plus likely risks that could be associated with cohabitation. There's a couple of ways that partners can look after their rights when acquiring a house, in the event that the relationship fails to work out.
The Way In Which Cohabitation Affects Finances
On the subject of a couple's financial situation, wives and husbands and civil partners receive considerable legal protection if the marriage should come to an end. Depending on the couples involved along with their specific situation, one spouse may well be required to pay some kind of maintenance to the other, to allow them to adjust to everyday living by themselves. Yet that is not the case with couples who are cohabiting.
Parental Rights & Cohabitation
Anytime a legitimately married husband and wife have a child both are recognised as the mother and father of the child and therefore enjoy the responsibility and rights which accompany that. With cohabiting couples, the dad could have no legal rights to the child unless he is there whenever the birth is documented, or all the appropriate papers are provided that will establish he is the dad.
Cohabitation Agreement
In order to safeguard themselves against the possible legal issues connected with cohabitation, a lot of couples tend to work with our Family Law Solicitors Bristol office to draw up a cohabitation agreement. This can be accomplished before moving in with each other, during the course of cohabitation, and even after separating (although then it has a lot more in common with the standard separation agreement).
A recent review of the legal guidelines concerning the separation of partners who happen to be neither in a marital relationship or in a civil union, indicates it's likely that the legislation may be modified before long.
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