Unmarried couples have different legal rights and responsibilities in relation to property, finances and children to their married counterparts. Contrary to popular opinion there is no such thing as a common law husband or wife.

Few people remember the legal implications of marriage which include the financial tie created between two people and the rights that marriage gives to fathers in terms of parental responsibility for any children of that relationship.

For those couples not getting married but setting up home together, a cohabitation agreement can perform a similar function as a pre-nuptial agreement. A cohabitation agreement provides the framework for couples to record their intentions and their respective contributions. This can help set aside any fears they may have prior to living together, leaving them feeling safe in the knowledge that if the relationship was to break down, they would be protected financially.

A mother automatically has parental responsibility for their children. That means they have certain rights to determine where the child lives, which schools they attend and how, when and if they access medical treatment.

A father only automatically has parental responsibility if:

He is married to the mother

A father can obtain parental responsibility by:

	Marrying the child’s mother
	Entering into a voluntary Agreement with the mother
	Obtaining an Order from the court.

For advice on parental responsibility contact LawPlus Family Law here.