Should I get married? (From Watford Observer)

Should I get married?

11:45am Thursday 26th May 2011

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Should I get married?

Thank you for your question. You have been living with your partner for 13 years and have 3 children. Marriage has never been an issue because neither of you are religious. You are independent and individually wealthy which is one of the reasons why the relationship works so well. The children are aged 5,3 and 10 months. You want to know where you stand should the relationship break down and stress to me that getting married for financial reasons goes against all of your principles as an independent woman. (I hear you!)

Children – your partner is named on the birth certificate as father of your children. This means that your legal rights and duties in respect of the children are the same. The children have both names. Getting married would not change your legal status. On separation, the children have a right to maintain a relationship with both of you (unless at risk of harm). You may seek maintenance for the children during their minority. This may include a transfer of property for their benefit during their minority after which, the property will revert back to your partner.

Shared home(s) – In the event that you separate, the starting point would be to divide the equity according to the house Deeds which you tell me are in joint names in equal shares.

Other assets – If you were to separate, you would retain assets in your name only. Your partner would retain assets registered in his name. Joint assets will be divided in equal shares subject to any subsequent agreement to the contrary. There is no legal obligation for you to maintain one another financially and no automatic right for you to share your partner’s financial resources.

This may be a problem if you feel that you have contributed to his wealth over the past 13 years. Are you contributing to his wealth by taking a career break to raise the children despite having your own bank balance? The disadvantages of not being married for tax and estate planning reasons are beyond the scope of this blog but hugely important for you as a high rate tax payer with children.

You said that you didn’t want to get married for financial reasons.......... Best Regards Harjit Sarang Head of Family Law BEST Solicitors LLP

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