Common law partnerships are a type of relationship where two people live together in a committed and romantic partnership without being married. In recent years, this type of relationship has become more popular as people choose to delay or forgo marriage altogether. While it may seem like a simple arrangement, there are many legal considerations that come with being in a common law partnership. In this article, we will explore the ins and outs of common law partnerships, including what they are, how they work, and what legal rights and obligations they entail.
What is a Common Law Partnership?
A common law partnership is a type of relationship that is recognized by law as a union between two people who are not married but are living together in a committed and romantic relationship. In most jurisdictions, couples are considered to be in a common law partnership if they have lived together for a certain period of time, usually two to three years. However, the exact requirements vary depending on the jurisdiction.
Legal Rights and Obligations
One of the most significant aspects of a common law partnership is the legal rights and obligations that come with it. These can include:
- Property Rights
When a couple is in a common law partnership, they may have property rights similar to those of married couples. For example, if one partner owns a home and the other partner moves in, the partner who moves in may acquire a legal interest in the property even if they are not listed on the title. This can be particularly important if the couple separates and needs to divide their assets.
- Parental Rights
If a couple has children while in a common law partnership, both partners may have parental rights and obligations. This can include the right to make decisions about the child’s upbringing, the obligation to provide financial support, and the right to seek custody or access if the relationship breaks down.
- Spousal Support
In some jurisdictions, common law partners may be entitled to spousal support if the relationship ends. This can be particularly important if one partner has sacrificed their career or income to support the other partner during the relationship.
Rights and Obligations on Separation
Another important aspect of a common law partnership is how the couple’s rights and obligations are affected if the relationship ends. This can include:
- Property Division
When a common law partnership ends, the couple’s assets must be divided. However, unlike married couples who have automatic property division rights, common law partners may have to go to court to determine how their assets will be divided. This can be a complex and costly process.
- Child Custody and Support
If the couple has children, they will need to make arrangements for custody and support. This can also be a complicated and emotional process, especially if the couple cannot agree on these issues.
- Spousal Support
As mentioned earlier, in some jurisdictions, common law partners may be entitled to spousal support if the relationship ends. However, determining eligibility and the amount of support can be difficult and may require legal advice.
Legal Recognition of Common Law Partnerships
The legal recognition of common law partnerships varies depending on the jurisdiction. In some countries or states, common law partnerships are recognized as equivalent to marriage and provide the same legal rights and obligations. In other places, common law partnerships are not recognized at all, and couples may need to take additional legal steps to protect their rights.
- Legal Documents
One way that common law partners can protect their legal rights is by creating legal documents such as cohabitation agreements and powers of attorney. These documents can outline how the couple’s assets will be divided if the relationship ends, who will make decisions about medical treatment if one partner becomes incapacitated, and other important issues.
- Marriage
In some cases, common law partners may choose to get married to obtain legal recognition and protection. This can provide a more clear-cut legal framework for the relationship and make it easier to access certain legal rights and benefits.
- Legal Advice
Regardless of whether common law partnerships are recognized in a particular jurisdiction, it is always a good idea for couples to seek legal advice to ensure that their legal rights and obligations are protected.
Conclusion
Common law partnerships offer a flexible and convenient option for couples who want to live together and share their lives without getting married. However, as we have seen, there are many legal considerations that come with this type of relationship, including property rights, parental rights, and spousal support. Couples should be aware of these issues and take steps to protect their legal rights and obligations, whether through legal documents, marriage, or seeking legal advice.