How To Formalise Your Relationship Without Getting Married

Many people do not feel comfortable with the idea of marriage, but they still want to formalise their relationship. Vanessa Friend, Head of the Family Team at Hodge Jones & Allen, considers the other options available.

Marriage is traditionally a religious ceremony (although it does not have to be), involving vows and signing of a marriage certificate. Marriage confers legal rights and some tax benefits. A married couple may benefit from the Marriage Allowance to reduce their tax liability, inheritance rights and automatic parental responsibility for any children of the marriage. On divorce, each person to the marriage has financial claims on the other, often working to reach an appropriate financial settlement with the help of a divorce lawyer. Same-sex marriage confers the same rights as opposite-sex marriage.

Whilst there are many benefits to marriage, it is often considered too traditional and formal, and may not sit comfortably with a couples’ view of their relationship. There are two key alternatives to marriage, both of which are open to same-sex and opposite sex couples.

Cohabitation Agreement

Where a couple lives together, they can enter into a cohabitation agreement. This is a formal agreement that set outs who owns what, and how assets should be divided should the couple separate. Cohabitation agreements provide a degree of certainty for couples, bearing in mind there is no codified law for cohabiting couples. Contrary to popular belief, common law marriage does not exist in England and Wales, so cohabiting couples have to rely on a patchwork of different statutes and case law, often navigating through these with assistance from cohabitation solicitors.

Cohabitation agreements can be drawn up before a couple move in together and whilst they live together. Any cohabitation agreement should also be updated when there is a significant change in the couple’s lives, for example, if you had a child.

Legal advice should be sought before finalising a cohabitation agreement. Both parties will need their own cohabitation solicitor so their best interests are protected and provide financial disclosure.

Civil Partnership

A civil partnership is a closer alternative to marriage, it confers legal rights which are similar to marriage save for a few differences; civil partnership is a non-religious option, that can still involve a ceremony, but includes signing a civil partnership certificate rather than a marriage certificate. Similar to marriage, a civil partnership can only reach an end using a legal process (dissolution), upon which the couple have the same financial claims over one another as married couples. Civil partnership dissolution solicitors can guide those in a civil partnership to better understand that they have the same tax and pension benefits as married couples, and that they can still enter a pre-nuptial or post-nuptial agreement. Parental responsibility is also given automatically to parents in a civil partnership.

Whilst many countries recognise civil partnerships as legally binding, if you are considering moving abroad you may need to seek legal advice from civil partnership solicitors in that country or region.

Conclusion

Formalising your relationship is a way of demonstrating your commitment to your partner. It is also provides clarity on the status of your relationship and how the law applies to you. This can avoid lots of stress and uncertainty at the end of the relationship.

The Family Team at Hodge Jones & Allen can provide on cohabitation agreements, prenuptial and post-nuptial or civil partnership agreements and separation issues. Please contact our family law experts on 0330 822 3451 for more information. Alternatively, please request a callback at a more convenient time.