What are your rights as a non-biological parent?
As it is increasingly common for couples to divorce and remarry, the likelihood of a step-parent becoming involved in the upbringing of the child is quite high. Parental rights for a step-parent are often unclear, especially if the relationship with the child’s parent has ended.
Some relationships end with a mutual understanding that it is for the best interest of the child that the step-parent continues to have a parental relationship. But this is not the case for all separations. If the relationship has ended in a hostile manner, the parent may prevent the child from having any further relationship with the step-parent, even if this goes against the child’s wishes.
Anyone can apply to the court for a Child Arrangements Order (formerly a contact order) but not everyone can do so as of right. Anyone else will need permission from the court to make an application. Provided you can show that you had a close connection with the child and that there will be no harm to the child by making of the application, permission to make the application is likely to be granted.
A step-parent, who was married to, or a civil partner to a parent who has parental responsibility, can apply for a Child Arrangements Order without permission. Even if you have not been married or in a civil partnership with the parent there are some other circumstances where you can apply without permission.
Does a mother always end up with primary care of the children?
No. If you and your ex-partner can’t agree about your child’s care arrangements and the court becomes involved, the court will make a decision based on what they feel is in the child’s best interests. This could mean any one of a number of outcomes, including the child spending more of the time with their mother, more time with their father or roughly equal amounts of time with each of their parents.
Will I have to pay child maintenance?
If you are not living with your child and you are earning an income then you will have to pay child maintenance. The level of child maintenance will depend upon the amount of your income and the number of children.
We’re living together but not married – what rights do I have?
Living with your partner or buying a house together, when you are not yet married needs a little extra thought before proceeding. From a legal point of view, there are a few things to consider.
If the house is not in your name, you are at risk if your partner asks you to leave.
A Cohabitation Agreement is a useful legal document made between unmarried couples who are living together (more below).
It is also advisable to sign a Declaration of Trust, which clearly outlines what you each own and how the value of the property would be divided should you ever separate in the future.
Without signing a Declaration of Trust, both parties could risk a complicated legal battle. If you don’t detail your individual shares in the property and you then later disagree on who should receive what, it may result in a costly court case.
It is particularly important for a cohabiting couple to make Wills as well, whatever the choice of joint ownership. The surviving partner will not automatically be entitled to the remaining share of the property as it becomes part of the deceased’s estate.
What is a cohabitation agreement?
It is a legal document between unmarried couples who are living together. It sets out arrangements for finances, property and children while you’re living together and if you split up, become ill or die.
You can make an agreement at any time. It’s good to do it before you move in together. But you may want to consider one if you decide to have children or get a mortgage. Without one you do not have many rights.
What is a pre-nup?
A prenuptial agreement (pre-nup) is an official agreement made between a couple before they marry, in which they state how much of each other’s assets and, if appropriate, the matrimonial assets, each will receive if the marriage ends in divorce. The purpose of a prenuptial agreement is to take precautionary measures to protect your assets in the result of a divorce.
Why a pre-nup?
It is a common myth that prenups are solely for the rich, so they can protect their assets in the event of a divorce. Although it is likely for those with money to be more protective of their assets, prenups are no less suited for people with regular incomes.
It does not depend on your wealth to decide whether a prenuptial agreement is for you. If you have worked hard to earn something it makes even more sense to take precaution for your assets.
A prenuptial agreement is also popular among second marriages. The couple may have acquired their own assets at this point or have children of their own. This is the same for first-time marriages for those who marry later in life. In this case, both partners may wish to leave their assets to their own children, which can be agreed in a prenuptial agreement before marriage.
A prenuptial agreement can protect your assets from your partner’s pre-existing debt; this includes securing any wealth that the children may be entitled to after the divorce proceedings.
Are pre-nups binding?
The answer to this question used to be “no”. However, Courts are now more ready to uphold the terms of a Prenuptial Agreement where certain requirements have been met. It is therefore essential that Prenuptial Agreements are drawn up professionally by solicitors. It is better to have one in place rather than leave everything to chance.
For further guidance, contact us for specialist advice on 01792 468684 or email enquiries@pgmsolicitors.co.uk.
