How disadvantageous is it for couples with children not to be married?

Bill2673

I have been living with partner for 7 years, we have two children together.

We are not married.

My question is this:

From the point of view of

The rights of my partner if I died, and:

Both of our rights if we ever seperated:

Are we (am I) much better off being married, legally.

Also, has the new Civil Liberties Bill changed anything in this regard?

Many thanks, and apologies if this has been covered in other threads.

Our man in Havana

Are we (am I) much better off being married, legally.

Of course. At the moment you have no rights.

Bill2673

I was told that under the new Civil Liberties bill, that couples who have been together for more than 5 years have the same rights as married couples? Is this incorrect?

Our man in Havana

You have the name of the act wrong.

Co-Habitant Agreements

Part 7 of the Civil Bill concerns the recognition of co-habitant agreements and provides co-habitants (same sex and opposite sex couples) with the safety net of a redress scheme in the event of a breakdown of the relationship.

The term "cohabitants" is described as "two adults (whether they are of the same sex or the opposite sex who live together as a couple in an intimate relationship and who are not married to each other, or related to each other within a prohibited degree of a relationship, and co-habitant means one of two such adults").

The Bill states that in determining whether two adults are living together as a couple all the circumstances of the relationships are to be taken into account including;

* the duration of the relationship
* the nature and extent of common residence
* whether or not a sexual relationship exists
* the degree of financial dependants, or inter-dependants
* the joint purchase of an estate or interest in land
* the decree of commitment to a shared life
* the care and support of children
* the performance of household duties
* the reputation and public aspects of the relationship.

The Bill deems that the term "qualified co-habitant" means;

* a co-habitant who has been living together as a couple for three years, or whether there is a child of the relationship
* a co-habitant who has been living together as a couple for two years.

The Bill provides that for the validity of co-habitant agreements between co-habitants.

A Co-Habitant Agreement is only valid and enforceable if is in writing and signed by both co-habitants and before the agreement is signed each co-habitant has received legal advice independently of the other co-habitant, or if they have not been so separately advised that they have been advised together and have waived a right to independent advice.

Applications under the Bill can be made by qualified co-habitants for provision from the Estate of a deceased co-habitant. A qualified co-habitant means a co-habitant who is living as a co-habitant with the Deceased for three years prior to the Deceased's death or where there is a child of the relationship who was living with the co-habitant with the Deceased for two years immediately prior to the Deceased's death.

A qualified co-habitant may make an application to the court for various orders; maintenance, property adjustment orders, compensatory maintenance orders, pension adjustment orders.

The Bill provides that proceedings under this Act have to be instituted with 2 years of the ending of a relationship between co-habitants whether through death or otherwise.

McCrack

This is now law subject to a Commencement Order from the Minister. The President signed it a couple days ago.

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

MagicSean

Don't suppose there's anything in it about joint Tax assessment for co-habitants?