Changing Trends: More births outside of marriage in the UK

The Office for National Statistics has released figures revealing that in 2021 births registered outside of a marriage or civil partnership outnumbered those within marriage or civil partnership for the first time since records began in 1845.

There were 624,828 live births in 2021, of which 51.3 per cent were registered to women outside of a marriage or civil partnership. This follows the long-term trend of declining marriage rates and increasing numbers of cohabiting couples, and whilst this is becoming more common, what are the potential financial implications for unmarried parents?

Separating as an unmarried parent

If you are married to your child’s parent then on separation there are several orders that the court can make. Examples include a transfer of the family home, a lump sum order, spousal maintenance, or a pension sharing order.

However, if you are unmarried there is no legal recognition of the relationship, and on separation, you often would not have a legal right to make a claim against your previous partner. 

If you have a child with your partner, then obligations can arise in relation to the children, such as the obligation to pay child maintenance or make financial provisions for the child only. 

For example, a parent who does not own the family home but is the main carer of the child may be able to argue that the other parent should provide a property to meet the needs of their child. However, the money provided to purchase a property might need to be paid back in future once the child leaves education.

 Options for unmarried parents

The best way to avoid disputes arising regarding the division of assets on the breakdown of a relationship is to put a cohabitation agreement in place. A cohabitation agreement sets out each partner’s rights and responsibilities in relation to their property, finances and children. The agreement sets out the arrangements both during the relationship but also deals with what will happen if the relationship comes to an end. 

This is a sensible option for unmarried couples with children to ensure that both partners to the relationship, as well as the children, are provided for on relationship breakdown. Cohabitation agreements can also often provide protection for the financially weaker partner who may not have their name on the deeds of the family home but has made contributions throughout the relationship.

How my team can help

Whilst more people are choosing not to marry or enter into a civil partnership, there is good reason to put a cohabitation agreement in place to provide you with some protection in the event of separation.

We will be providing information on the use of recordings in the family courts next week but, in the meantime, if you find yourself reading this and would like further information regarding cohabitation agreements and whether you would benefit from having an agreement in place, please get in touch for an initial 15-minute telephone consultation free of charge. 

At Birkett Long, we aim for an amicable divorce and adopt a holistic approach to family breakdown. Typical UK divorce has changed with the introduction of no-fault divorce. Should you wish to discuss issues concerning divorce, children or finances, please do not hesitate to contact us.

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