According to the latest Census 25% of children are born to cohabiting couples. The Law Society is warning that too many people are unaware of their legal rights and wrongly assume that they are protected by law in the same way that married couples are.
Andrew Holroyd, Law Society president, says: "Long term cohabitation is a regular feature of modern day life. Social statistics indicate that a quarter of all children are now born to cohabiting couples - many parents don’t realise that if they are not married only the mother has automatic parental responsibility for the child. A solicitor can help you make an agreement to share parental responsibility with your partner."
People who move in together when the house is in only one partner's name are often misguided into thinking that they automatically have rights to the proceeds from the sale of the house – or to inherit the house if their partner dies.
The Law Society is advising anyone who is thinking about – or already has – moved in with their partner to visit a solicitor and take legal advice to find out what rights they have, where they and their partner stand with the law in all situations, and what they can do to make their position more secure.
A solicitor may suggest a cohabitation contract. These are slowly gaining recognition as a way of securing a couple’s financial and other arrangements. They set out, in advance, what each member of the couple expects of the other during the relationship, as well as if they split up or if one of them dies.
Like pre-nuptial agreements they are honourable agreements and are not legally binding, but they do serve to limit disagreements and certainly provide some peace of mind.
The term ‘common law partner’ has no legal meaning which means that on separation cohabitees can be left without any resources.
Andrew Holroyd says: “I would recommend to anyone who is thinking of moving in with their partner to visit a solicitor for legal advice."