Many couples in stable relationships think they are in some way “married by common-law”. However, Queen Victoria and her ministers decided in the 1850s that the law would recognise only formal marriages (either in Church or in a civil ceremony).
For couples living together without being legally married the law can cause all sorts of problems and expense. For example
if one partner dies without a Will, the other has no right to inherit anything.
if a couple separate, neither of them has any right to obtain financial provision from the other – not even a mother with young children.
the law about dividing jointly-owned property is complex and uncertain.
even if the partner who dies does leave a Will, Inheritance Tax can be payable on anything inherited by the survivor.
Inheritance Tax can be payable in particular on a jointly-owned house.
the father may not have any “parental rights” in relation to the couple’s children.
We advise that anyone living together in an unmarried partnership should
check their Will.
sign a Deed to agree the shares they have in any joint property.
check whether a “Parental Responsibility Agreement” relating to their children is needed.
ensure that life and pension policies are written into a suitable flexible trust.
appoint guardians for their children if something happens to either of them.
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