19 July 2024

Know Your Rights: A Guide for Unmarried Fathers

In England & Wales, unmarried fathers have legal rights and responsibilities regarding their children, but these rights may not be automatically granted like they are for married fathers. It’s important for unmarried fathers to understand their legal position and take steps to assert their parental rights. In this blog post, we’ll explore the legal rights of unmarried fathers, including paternity establishment and contact arrangements.

Establishing Paternity:

The first step for unmarried fathers to assert their parental rights is to establish paternity. If the child’s parents are not married at the time of birth, the father does not have automatic parental responsibility. However, paternity can be established by:

  • Being named on the child’s birth certificate: If the father’s name is included on the child’s birth certificate, he automatically has parental responsibility.
  • Voluntary acknowledgment of paternity: If the father’s name is not on the birth certificate, both parents can sign a parental responsibility agreement or a parental responsibility agreement.

Once paternity is established, the father has legal rights and responsibilities regarding the child.

Contact Arrangements:

Unmarried fathers have the right to seek contact with their child, but they may need to apply to the court for these rights if an agreement cannot be reached with the child’s other parent. When determining child arrangements, the court will consider the best interests of the child and may grant the father contact based on factors such as the father’s relationship with the child, stability, and ability to provide for the child’s needs. Before any court application can be made, the parties are obliged to attend mediation to try to resolve the matter amicably.

Child Support Obligations:

Unmarried fathers also have a legal obligation to financially support their children. If the child’s parents do not live together, the father may be required to pay child support to the child’s primary caregiver to help cover the child’s expenses.

In conclusion, unmarried fathers have legal rights and responsibilities regarding their children, including paternity establishment, contact, and child support obligations. By understanding their legal position and taking proactive steps to assert their parental rights, unmarried fathers can play an active and meaningful role in their children’s lives, promoting stability, support, and positive relationships for the benefit of the child.

19 July 2024

Understanding Cohabitation Rights: What Unmarried Couples Need to Know

In recent years, the number of unmarried couples living together has steadily increased. While cohabiting couples enjoy many of the benefits of a committed relationship, they may not be aware of the legal rights and protections available to them. In this blog post, we’ll explore the legal landscape surrounding cohabitation in the UK and discuss what unmarried couples need to know about their rights.

Cohabiting couples, also known as cohabitants, do not have the same legal rights as married couples or civil partners. Contrary to popular belief, there is no such thing as “common-law marriage” in the UK, and simply living together does not grant automatic legal rights or protections. This means that if a cohabiting relationship ends, the partners may not be entitled to financial support or a share of each other’s assets, unless specific legal arrangements are in place.

However, cohabiting couples can take steps to protect their rights and interests by entering into a cohabitation agreement. Similar to a prenuptial agreement for married couples, a cohabitation agreement allows partners to formalise their financial arrangements and establish clear guidelines for property ownership, financial support, and other important matters. By creating a cohabitation agreement, couples can mitigate potential disputes and uncertainties in the event of a breakup.

Additionally, cohabiting couples may have certain rights under property and inheritance law. For example, if a couple jointly owns property, each partner may have a legal interest in the property and be entitled to a share of its value upon sale or dissolution of the relationship. Similarly, under inheritance law, a surviving cohabitant may have the right to inherit from their partner’s estate if certain conditions are met.

In conclusion, unmarried couples who live together should be aware of their legal rights and take proactive steps to protect their interests. By understanding the legal landscape surrounding cohabitation and seeking appropriate legal advice, couples can ensure their rights are safeguarded and their relationship is legally recognised.

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