Cohabitation
Today more and more couples are deciding to cohabit rather than marry and as a result,
more and more children are born outside of wedlock. The law does not do a great
deal to reflect this growing trend and treats cohabitants much differently to married
partners.
The following are just some of the issues where we can help.
What happens if my partner/former partner has been violent?
Both cohabitants and former cohabitants may apply for orders protecting them from
Domestic Violence.
What rights do I have in respect of my children?
In relation to cohabitants, unless the father is registered on the child’s birth
certificate (post November 2003) or the mother has entered into a Parental Responsibility
agreement with the father then only the mother will have Parental Responsibility
for the child. There are options open to the father to acquire Parental Responsibility.
An unmarried father can also automatically apply for residence, contact, specific
issue or prohibited steps in relation to his children. An unmarried father who does
not have his child living with him has a statutory duty to maintain his child financially.
Property
In advising a cohabitant in relation to property we will firstly need to check the
title deeds to see how it reflects the client’s interest. There are further remedies
open to a person who was engaged to be married and where a person has made a substantial
contribution to the improvement of the property or relied to his/her detriment upon
something said or done by his/her partner.
If you would like to arrange an appointment to see one of our Family Law Team to
discuss this or any other family law issue, please e-mail
family@chattertons.com or telephone one of the numbers given below.
Contact Details
Family Team