Don’t allow romance to cloud your judgement when it comes to your legal rights says Salisbury Lawyers

The latest statistics show that whilst marriage rates have now fallen have now for lowest levels since records began in 1862*, there are and increasing number of unmarried couples moving in together with no plans for marriage.

However domestic bliss could turn into a living nightmare if you don’t consider the legal implications of living together. Couples who cohabitate could be risking a lot more than just a broken heart if they don’t consider the practical consequences should love turn sour.

Family Law Solicitors at Salisbury law firm Bonallack and Bishop recommend couples take specialist legal advice before they move in together or combine their finances. Making sure that you have the right legal documentation in place to help with any distribution of your joint assets could save considerable time, cash and heartache in the event that your relationship does breakdown.

Bonallack and Bishop senior partner, Tim Bishop commented, “The rapid drop in marriage rates is resulting in more and more couples living together and unless they take the necessary measures in protecting themselves and their assets, they run the risk of ending up seriously out of pocket or at worst even homeless if the correct legal documentation is not properly in place.

"It's understandable that people do simply don't want to consider what might happen if their relationship breaks down, or their partner dies, but it is much better to face these difficult issues at the beginning rather than to try dealing with the practical and emotional fall out later on. It simply sensible to make sure that you get good legal advice before moving in together.”

For example, if purchasing a home together, make sure that both names are on the title deeds. If not and you break up, any unmarried partners whose name does not appear on the deeds will have fewer legal rights. It is particularly important to seek legal advice if your arrangement involves significant deposits or unequal financial contributions to a property purchase.

When it comes to renting a property, make sure that both parties names are on the rental agreement - otherwise you may find yourself homeless if the relationship fails.

If you decide to share a joint bank account, you should be aware that you can both withdraw monies, so requiring both of you to sign for any big transactions is well worth considering.

If you have children, fathers whose names appear on their child’s birth certificate have automatic parental responsibility. However this is only the case for any children who were born after December 2003.

Finally, don't forget to make sure that you both have a valid and up-to-date will – which is particularly important if you have children or are not married to your partner. Without a will you may discover that your loved ones simply don't inherit any assets you may have when you pass on.

*According to The Office for National Statistics bulletin on marriage rates:
http://www.statistics.gov.uk/pdfdir/marr0210.pdf

For further information, please contact Tim Bishop on 01722 422300 or via email.