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Did you know? Are you married/in a civil partnership or living together? - Part 9


WHY DOES IT MATTER?

What different rights do parties who live in England or Wales who are married in a civil partnership and people who are not married/civil-partners, or don’t have a legally valid marriage, have? (The law in Scotland is different), continued from parts 4-8

Right

Married

Not legally married

Children

Both spouses have parental responsibility of children born in the marriage. The Court can make decisions based on what is in the child’s best interests about where the children live and what time they spend with each parent if the parent’s cannot agree.

A father only has parental responsibility if he is named on the birth certificate or has a separate parental responsibility agreement or court order.

The Court can make decisions based on what is in the child’s best interests about where the children live and what time they spend with each parent if the parent’s cannot agree.

Domestic violence

The Court can make orders (injunctions) to prevent abusive and threatening behaviour, and can exclude a spouse from a property (this is not usually an order for more than 6 months but can be)

The Court can make orders (injunctions) to prevent abusive and threatening behaviour, and can exclude a partner from a property but if the victim has no right to live in the property (as an owner or tenant) it will usually only be until they are able to find somewhere else to live.

Immigration

Rights as married couples

Similar to married couples but must have been living together for at least 2 years.

 

Go to SME Solicitors website – Joanna Gardner - for the full article.

 

Added: 12 Feb 2018 14:58


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