In England and Wales, cohabiting has become increasingly common as an alternative to marriage however, when it comes to children from your cohabiting relationship it is important to know what your legal rights are for both you and your children.
What is Cohabiting?
Cohabitation is an arrangement where two people are not married but live together and have an intimate relationship however you will not have the same protection/rights as a married couple upon separation regardless of the length of the relationship or children from the relationship.
What are the legal rights for me and my children?
Parental Responsibility
Married mothers and fathers automatically have parental responsibility however in cohabiting relationships the mother automatically has parental responsibility of the child whereas the unmarried father can only acquire parental responsibility by jointly registering the child’s birth with the mother.
Financial support
In case of a breakdown in the cohabiting relationship, children have the right to financial support from both parents. Both parents are equally responsible for providing for children’s needs including housing, education and healthcare. The Child Maintenance Service can help establish financial arrangements that ensures child maintenance is consistent and fair.
Child Arrangements
In the event of separation, making child arrangements is not always easy and indeed it can often prove very difficult. Parents must work together in creating a co-parenting plan in order to support the child however this is not always possible even with the help of mediation. In those circumstances parents have little choice but to apply to the Court. The Court prioritises the child’s best interests after consideration of the children’s their wishes and needs, the likely effect any change in circumstances will have on them, their age sex and background, any risk of harm and the capability of parents in meeting the children’s needs.
Establishing rights: Cohabitation Agreement
The purpose of a Cohabitation Agreement is to establish the rights, responsibilities and expectations of both parties in the relationship. It typically covers various aspects of your and your partner’s lives including finances, property ownership, division of assets and debts, and issues relating to your children. This type of agreement is tailored to each individual couple and therefore takes into account the needs and circumstance of that specific couple.
This agreement is a legal document that is there to protect unmarried couples’ rights; establish what will happen if you were to separate. It is straightforward and provides clarity and simplicity.
While cohabiting parents do not share the same automatic legal rights as married couples, there are measures in place to protect children born into cohabiting relationships.
By understanding the legal protections and taking the steps to gain legal protection cohabiting parents can ensure both the rights of themselves and their children and be sure that their best interests have been taken care of.
Contact us today for our 30-minute initial consultation to speak with one of our specialists to get the advice you need.