Many people believe that if they have been with their partner for some time then they are legally considered to be common-law man and wife. This is NOT the case. There is no such thing as a common-law marriage. So if you are in this situation what does it mean?

Inheritance
if you haven't left your property and possessions to your partner in a Will then there is a strong chance they will get nothing. Your possessions will go to your next of kin, or possibly even the treasury, so a Will is essential.

Unmarried Fathers
it is possible that you do not have the right to make important decisions for your child, for example about medical issues or education. if you are not married to the child's mother or not on the birth certificate or the mother has not signed a Parental Responsibility Agreement then you might not be eligible to make these decisions for your own child. However, you could still be liable to pay child support.

Your Home
If your home is only in your partner's name it might be very difficult to make a claim on that property or prove that you still have the right to continue to live there.

What Can You Do?
There are various documents that can be created in order to make sure that you have the necessary legal rights without having to marry. For example, to solve the problems above you could make a Will, sign a Parental Responsibility Agreement and place both names on the mortgage.

For more information contact Dawn Coller