With large numbers of parents deciding to have children outside of marriage or civil partnership, we look at the legal concerns you need to be aware of.
From financial issues to deciding what surname to give your child, you will have different matters to consider than a married parent. Understanding your options will allow you to make the right choices for your situation.
Finances for unmarried couples
Unmarried couples do not have the right to make financial claims against each other should they separate. This means that it is important to have difficult discussions about money early on and decide how you are going to deal with issues such as career breaks, pension contributions and payment of bills. If one party gives up their job to care for children, they will not be entitled to a lump sum or maintenance should they separate. This is likely to leave them in a weaker position financially than if they were married. One solution could be to enter into a prenuptial agreement.
If an unmarried couple were to separate, the parent without day-to-day care of a child will still generally be required to pay child maintenance, even if they are not married to the other parent.
Parental rights for unmarried couples
An unmarried father needs to be named on a child’s birth certificate in order to acquire parental responsibility from the start of a child’s life. Parental responsibility refers to the rights, responsibilities and duties a parent has in respect of a child and their property. This means that the father needs to attend the Registry Office with the mother when the birth is registered if they wish to be included on the birth certificate.
An unmarried father who is not named on the birth certificate can obtain parental responsibility by entering into an agreement with the child’s mother and filing this at court. Alternatively, it is also possible to ask the court to grant parental responsibility.
Property ownership
If you own property jointly as tenants in common, then should one of you die, their share of the property will pass in accordance with their Will or, if there is no Will, under the Rules of Intestacy. These rules do not leave anything to cohabiting partners. This could cause difficulty, as the other partner would only own part of their home.
It is crucial to consider property ownership if you have children and take steps to ensure that your home will be available for your children, whatever happens. A solicitor will be able to discuss the different ways of owning a property and draw up a Will to leave property to parents or children, as required.
Choosing a surname for your child
It is common for a child of unmarried parents to have the mother’s surname. If your child has a different surname from yours, you should bear in mind that in certain circumstances you may be asked about this. For example, if you take your child overseas on holiday or if you attend a medical facility with your child. When travelling, you should ensure that you have documentation showing your status, for example, your child’s birth certificate with your name on it.
Cohabitation agreements
If you want to formalise your relationship without marrying, you can consider a cohabitation agreement. This can include details of how you want to deal with issues such as assets, property and liabilities, both during your relationship and should you separate. It can be helpful to discuss difficult financial details early on in a relationship so that the risk of misunderstandings and disagreements later on is reduced.
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