Common law husband/wife

There is no such thing as a common law husband or common law wife. No matter how long you live together with your partner you do not acquire or accrue any rights. If a couple are married then should they separate the divorce law determines what is fair and reasonable in the circumstances and the Divorce Court can make Orders in relation to any assets owned by either party or owned jointly.

The law has no power to make such Orders in relation to unmarried couples and cannot change ownership of assets. Inheritance.

Again you may live with your partner for years but you will not be able to inherit their estate automatically, unless a Will has been prepared leaving you as the beneficiary. If no Will is drawn up then property follows a strict bloodline. If you have lived together as man and wife for a continuous period of two years, up to the deceased’s death, you will have a right to challenge the disposal of the estate.

Separation Order

There is no such thing as a Separation Order. Should a married couple separate then they do not need to register their separation. Having been separated for 2 years then they may each agree that Divorce Proceedings can be issued on the grounds of 2 years separation with the other parties consent. Financial matters and children matters are dealt with in the same way as any other case.

Custody

There is no such thing as custody. Married parents both hold responsibility for children so that each has equal parental rights and responsibilities. When married parents separate the presumption is that there will be no order made in relation to the children and only if there is a dispute as to where the children should live or Contact then it may be necessary to make an application to the Court.

If parents are unmarried then the mother is the only person who automatically has Parental Responsibility. These rights and responsibilities can be granted to an unmarried father in several ways:

1. By entering into a Parental Responsibility Agreement with the mother.
2. By applying to the Court and obtaining a Parental Responsibility Order.
3. By applying to the Court for a Residence Order.
4. Any child born after December 2003 whose father’s name is on the Birth Certificate then that father will be granted Parental Responsibility.

Change of Name of a Child

Many unmarried mothers believe that they can very easily effect a change of name deed to change the surname of the child from what the child’s name is registered on the Birth Certificate which is very often the fathers name. Recent case law however says that if a mother wishes to change a child’s surname from that registered on the Birth Certificate then the permission and consent of the father ought to be obtained or an application made to the Court.

If a mother changes a child’s name without the fathers permission or consent then he is likely to be successful in making an application to the Court to have the child’s name returned back to that which was on the Birth Certificate.