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Cohabitation.

Nowadays, most people live together, having long stable relationships without getting married. Around 30 years ago people who lived this way, without the formalities of marriage were considered as “living in sin.” This was thought of as scandalous by the neighbours and the older generation. Today, partners living together whether heterosexual, lesbian or gay are considered as cohabiting.

Cohabiting couples do not have the same rights and obligations as a married couple. There are several differences between the two types of relationships that the law still maintains a keen differentiation.

Married partners automatically inherit the estate when one dies intestate - without a will having been made. Cohabitees are advised to make wills, in each others favour, as this won't happen automatically. It will pass to the dead persons next of kin which could cause anguish and upset.

In the event of separation, partners are not entitled to maintenance, but property may be divided if there is a tenancy-in-common or joint tenancy agreement.

In the event of a criminal case, married partners cannot give evidence for or against their partner whereas cohabiting partners can be called to give evidence.

Cohabiting partners are not entitled to widow's pension. Although some pension schemes, where there is a death-in-service, may be signed over to the cohabitee.

Women are not entitled to take the name of their partner as if they are married, if they are cohabiting. However, they can change their name by deed poll if they choose to.

Bank accounts remain separate, even on death of a partner. Any money left in the account becomes part of the dead partners estate. If they have joint bank accounts then both partners are entitled to make use of the money in the account. On death, the funds automatically pass to the other partner.

For entitlement to state benefits, mixed couples are assessed in the same way as married couples. Gay and lesbian couples are assessed as if they were a single person.

Cohabiting men are not entitled to automatically take their partners child as their own. They cannot claim parental responsibility unless they have a court order or an agreement with the mother. A cohabiting father can be made a guardian of his children, so that in the event of her death, he would take parental responsibility.

Married and cohabitating couples are treated the same when it comes to maintenance after the relationship has ended.

Cohabitees should formalise themselves and make arrangements in case of the inevitable. Legal advice from a qualified solicitor should be sought after in all cases of separation, death and maintaining children.