Children
If you have children and your relationship ends, an agreement will have to be made regarding who looks after your child. It's always better if this is done amicably, but some of the things you should consider are:
- If you were married when your child was born, or married afterwards, both parents have parental responsibility (see box below right). This remains the case even if you separate or divorce.
- If you were unmarried when your child was born, only the mother has automatic parental responsibility. The father does not have any automatic parental responsibility unless:
- - He is registered on the child's birth certificate (since December 2003).
- - He has signed a parental responsibility agreement with the mother.
- - He has gained father legal parental responsibility from the courts.
- - He subsequently marries the mother.
- - He is appointed as guardian.
Some other facts about children
- Unlike someone who is married, if you are unmarried and your relationship ends, you have no immediate right to maintenance payments from your partner for your own benefit - even if you gave up work to look after your children (although maintenance payments would have to be paid for the children).
- It's important to make a will to ensure you decide who is the guardian of your child in the event of your death (see our Inheritance section).
- Co-habiting couples cannot adopt a child - one partner must apply to adopt as a single person.
The common law myth
The number of people living together as co-habiting couples is on the rise, increasing by 260% in the last 25 years*. Among many of those who remain unwed, there is a belief that, after a certain amount of time, they will be considered 'common law partners'.
THIS IS UNTRUE
Not only does the term 'common law partner' not legally exist, there are currently no laws to protect unmarried couples in the same way as there are for married couples or civil partners - they are effectively treated as separate individuals. If you are in this situation, make sure you know your rights and, if necessary, seek legal and financial advice to ensure you are in the best possible position.
*Data on co-habitation from Living in Britain:
The 2002 General Household Survey.
The number of people living together as co-habiting couples is on the rise, increasing by 260% in the last 25 years*. Among many of those who remain unwed, there is a belief that, after a certain amount of time, they will be considered 'common law partners'.
THIS IS UNTRUE
Not only does the term 'common law partner' not legally exist, there are currently no laws to protect unmarried couples in the same way as there are for married couples or civil partners - they are effectively treated as separate individuals. If you are in this situation, make sure you know your rights and, if necessary, seek legal and financial advice to ensure you are in the best possible position.
*Data on co-habitation from Living in Britain:
The 2002 General Household Survey.
Your parental responsibility
'Parental responsibility' is the term given to all the powers and duties you have as a parent in bringing up your child, including providing a home, feeding and clothing them, keeping them safe and secure and ensuring they are educated to a satisfactory standard. This legally continues until the child is 18 years old.
'Parental responsibility' is the term given to all the powers and duties you have as a parent in bringing up your child, including providing a home, feeding and clothing them, keeping them safe and secure and ensuring they are educated to a satisfactory standard. This legally continues until the child is 18 years old.