Many people believe that there is such a thing as a ‘common-law marriage’, where couples in a long-term relationship acquire equivalent rights to people who are married. But this ‘common-law marriage’ is a myth: only couples who are married or in civil partnerships have legal rights and responsibilities.
‘Common-law marriage’ is not recognised by the law of England & Wales or Northern Ireland. So you need to be married, or in a civil partnership, to rely on the law for dividing up finances if you split up, or if one of you dies. It makes no difference if you have a child with the person you live with.
If you are living with your partner, you are known as a ‘cohabitee’, and if you have not already done so, it would be prudent to consider your position and to take independent advice from a suitably qualified professional. Meanwhile, here are just some of the most frequently asked questions:
* We currently rent our home. Do I have any rights if we break up? – No.
If you are not named in the rental agreement, you have no legal right to stay if he or she asks you to leave.
* My partner owns our home. Do I have any rights if we break up? – No.
If your partner owns the home and asks you to leave, you have no right to stay.
* If we break up, is our child (or me) protected? – Yes and No.
Your child will be entitled to child maintenance from your ex if you break up. However, as a former partner you have no rights yourself, so you will not be entitled to anything.
* What if my partner dies? Can I plan for this event? – Yes.
If your partner dies, you have no rights to his or her money and property unless a will was made, stipulating who should receive what. You should consider making Wills and reviewing your property ownership for peace of mind.
* Do I have any rights in Scotland? – Yes.
Scotland updated its law with the Family Law (Scotland) Act 2006. It introduced a basic set of rights for people living together, or if one of them dies, but these are not the same as for couples who are married.
* Is there anything I can do to protect myself? – Yes.
For example, a Cohabitation Agreement (this will stipulate how money and property should be divided if you break up, and how any children will be cared for), and a Will.
There are various other provisions that a Scottish legal advisor will be able to explain to you as a cohabitee. If you are a cohabitee in England & Wales or Northern Ireland then you should take advice from a local advisor about how you can protect yourself financially.
Remember, we are here to help so please do not hesitate to contact us regarding your financial planning situation. Reviews are part of our added-value services for our clients.
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