Cohabitation is increasingly popular in modern society where more and more couples are deciding that the traditional bonds of marriage are either too expensive, too formal, too restrictive or are simply unnecessary. It is often the case that couples who cohabit don’t even consider the legal implications of their partnership and of those that do, many assume — wrongly as it turns out — that in the event of separation, they will be legally protected because they are in what is known as a “common law marriage”. In reality, no such thing actually exists, or at least it is not legally recognised.

In fact, separation cases where couples have not been married can be very complex, especially if the couple in question have children.

Where children are concerned…

Mothers automatically have what is known as Parental Responsibility (PR) for their children. Fathers will also have PR in cases where they are married to