Monday, December 28, 2009

The Differences Between Married and Cohabiting Couples

Cohabiting couples are unmarried couples who live together. There are now more cohabiting couples than ever before with over two million in the United Kingdom. The family environment in numerous of these cases is very similar to married couples, but the legal rules applying to them are absolutely different. There are a lot of differences in Denver Family Law between married and unmarried couples who live together.

Contradictory to popular belief there is not any such thing as a common law partner or other half. Many believe that after a pair have lived together for a certain period they are for all intents and purposes a married couple, but this isn't the case. They do not benefit from any matrimonial legislation ; actually the same rules apply as any one else who live together, for example two pals living as flat mates. While a married couple are treated by the law as a family, cohabiting couples aren't. This implies that if there is a split of the relationship one can't claim maintenance from the other. If one half of married couple leaves work to look after children the couple may have, and there is a divorce, the working parent will generally have to compensate the other party. This is not the case with cohabiting couples.

If the couple share a home and just one of their names is on the mortgage, then ( s ) he's the legal owner of the home. This means that if that person dies, the other party doesn't inherit the home unless stated in a will. If the couple separate the person whose name is on the mortgage will own one hundred % of the property and can sell it as they please. This will be automatically the case even if the other person has been contributing towards the mortgage or other parts of the up keep of the household, for example bills.

If a couple have separate bank accounts then neither person has any rights to the others account. This remains the case if the couple separate. While in a divorce the finances will be split according to a magistrates decision, with the separation of a unmarried couple each person will keep his/her assets. If they have a joint account and can't agree on who is entitled to what, then a court will decide. With a divorce there is not any real difference in whether the couple have separate accounts or a joint one. This is not the case with a cohabiting couple.

Something that's surprising to several is that Denver Family Law differs with married and single couples when it comes to dad's after a relationship break up. It's a lot easy for a Father who was married to his children's mum to get rights to see his youngsters. Up until December 2001 a father who was not married to his youngsters's Mother had no rights to see his children at all. This meant the ma could stop him seeing his kids without any reason. This has changed for children born after December 2001, but it is still easier for Father's's who are, or have been, married to the child's Mother.

Unmarried couples who live together can enter into a cohabiting agreement. This records assets that belong to each person, and which they share, and thus how things will be split in the unlucky circumstance of a split. It also sets out who will contribute towards particular things like mortgage or rent payments, or youngsters. Anything can be recorded in this agreement, with the most common being houses, finances and kids.

The popular belief that Family Law is the same, or very similar, with married couples and cohabiting couples is inaccurate. There are many differences between the two, something that becomes especially important in the eventuality of a separation.

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