Fewer couples today are getting married than before. If you live together without going through the formalities of marriage, you should still consider the legal consequences. This is particularly important for a couple setting up home together for the first time. If you are renting you will need to think about whether the tenancy of your home should be in joint names. If you are buying, you will need to tell the solicitor dealing with the conveyancing transaction how you wish to own your home. Should both names be on the title deeds? Assuming you are to be joint owners, how do you wish to hold the property? If one of you has been in a previous relationship for example, that person may bring capital into the relationship. It may then make sense to agree a different division of the proceeds of sale than on a 50/50 basis. Our conveyancing department can advise on this and draw up a Deed of Trust between the two of you reflecting your joint wishes. This will act as a safeguard in case one of you dies or you separate at some point in the future.
You will also need to think about making Wills. This is particularly important if you have children from a previous marriage or relationship as well as your present partner and family. You will need to think about what would be a fair distribution and take into account the needs of any children who are not yet grown up. Our Wills and Probate department are used to advising clients on these kind of issues and you are welcome to get in touch with them.
If you have more complicated financial affairs it may be a good idea to establish a "Living Together Agreement". This will set out your agreement on all the financial aspects of the relationship. It will usually be preferable for each of you to take separate advice, but in the first instance you should contact our Family Department.
If you have children without being married, you will need to remember that at present only the mother has parental responsibility. People are often surprised to learn this is the case even if the child has the father's surname and the father's name appears on the Birth Certificate. In order to make sure the father has parental responsibility (i.e. that he is recognised as the legal father) you can jointly decide to enter into a "Parental Responsibility Agreement". This is a simple formality and will for example ensure that the father is treated by the child's school as a legal parent. Our family department will be pleased to help to set this up with you.
Separation for an unmarried couple can be just as traumatic and problematic as going through a divorce. Where children are concerned the situation is much the same as if you were married. In either case, the Court expects the couple to make their own arrangements about the children's future residence and contact with the non-resident parent. It is only in the event of disagreement the Court will become involved. For an unmarried couple, in the absence of a Parental Responsibility Agreement, the father can also apply to the Court for a "Parental Responsibility Order".
The division of the property of an unmarried couple is quite different from the situation on divorce. If you are not married, the Court does not have the same discretion to re-allocate the ownership of assets between you. In the first instance you will need to consider who owns what. If you are joint owners of a house, the title deeds are likely to be conclusive. There are however steps which the parent with care of the children can take to make sure the children have a roof over their heads while they are still at school. You may be able to work out a sensible compromise between yourselves or with the hep of a mediation service. If you have difficulty reaching an agreement you will need expert advice. Please consult our family department. We can negotiate on your behalf and we can draw up a "Separation Deed" setting out any agreement reached.
If you have any queries or would like advice please contact us.