Providing the answers to your legal questions


Is it true a ‘Common Law Marriage’ means nothing in law?


There are about 3.3 million unmarried couples currently living together in the UK. There are many reasons for choosing not to get married, but many unmarried couples do not realise that they are leaving themselves in a precarious financial position.


This is because many of these couples mistakenly believe that if a couple lives together for long enough, or after they have had children together, that they will each automatically have the same legal rights and responsibili- ties as a married couple if they later split up or one of them dies without leaving a Will.


Whilst unmarried parents do have legal and financial obligations towards any child they have together, the same does not apply between the parents themselves.


However, there are steps which cohabiting couples can take to protect themselves from issues arising from separation:


Cohabitation Agreement records the couple’s intentions concerning property and other financial support for their children if they separate.


Declaration of Trust records how the equity in a property, should be shared be- tween a couple even if their finan- cial contributions are not equal.


Make a Will to ensure financial support will be provided to your partner in the event of your death.


Please contact our Family Law team for more details.


Cath Porter enquiries@hgwalker.co.uk | 01202 881454 or 01202 203200 | www.hgwalker.co.uk


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