Lorraine Harvey
Partner, Family Law
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English
For initial legal advice call our Family Law Solicitors and we will help you.
Common law marriage is a myth in the UK. So it’s important that unmarried couples who live together are aware of the legal implications of not being married and what this means for the family as a whole, particularly if you separate.
Our national team of Family Law and Child Law Solicitors are here to offer practical legal advice and to help you with legal matters ranging from Parental Responsibility to protecting your assets, finances, and ensuring the children are provided for if you separate by making a Cohabitation Agreement.
We want to help you and your partner achieve the best outcomes without unnecessary conflict and stress. We’ll communicate in plain English and tailor our service to your specific needs and circumstances and we offer a variety of options for your appointments, including telephone and video calls.
For initial legal advice get in touch with our Family Law Solicitors.
We're rated‘Excellent’Our Family Law Solicitors offer a wide range of legal services including:
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If you are a father or same-sex partner who was never married to the child’s mother and you weren’t included on the child’s birth certificate, then it’s unlikely that you have Parental Responsibility for the child.
Parental Responsibility means you have "all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property". So essentially, you’d have the right to be involved in decisions concerning areas such as the child’s education, where they live and what medical care they receive.
If you don’t think you have Parental Responsibility, it’s advisable to obtain a Parental Responsibility Order, enter a Parental Responsibility Agreement with the mother (and file this at the relevant Court) or re-register the birth of the child in joint names. A mother automatically has Parental Responsibility for her child, regardless of whether or not she’s married to the father.
Both parents are financially responsible for providing for their child and it doesn’t matter whether you were married, or whether the father was included on the child’s birth certificate. For this reason, you don’t need to have been married in order to make an application for child maintenance.
The Child Maintenance Service, not the Court, has primary jurisdiction for assessing and enforcing child maintenance. However, the Court continues to retain some powers in relation to child maintenance under Schedule 1 of the Children Act 1989. Your first step to getting child maintenance would be to contact Child Maintenance Options.
If you separate, you and your partner can agree child arrangements between the two of you. If you cannot agree, then either of you may make an application to the Court to get a Child Arrangement Order. Child arrangements include deciding who the child should live with and what contact should take place between the child and each parent.
If you aren’t married, then you don’t automatically have the right to inherit from your partner’s Estate if they die (although you may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975).
The children’s automatic inheritance rights will not be affected by the fact that you are unmarried. However, stepchildren will not automatically inherit on their step-parent’s death. It’s therefore best to have Wills in place if you are unmarried parents, as this will clarify what you want a surviving partner or stepchildren to inherit.
Our Family Law Solicitors charge an hourly rate depending on the experience of the person that is dealing with the file. We’re completely open, transparent and fair when it comes to fees, so you won’t ever be caught out by surprise legal costs.
Evelyn Gibson, 15, tragically died in 2022 due to missed opportunities in her mental health care. An inquest revealed critical failings, including inadequate discharge planning and aftercare. Her family continues to advocate for systemic improvements and honours Evelyn’s memory through kindness initiatives such as #evelynsbutterflyeffect, aiming to support young people and families. Evelyn’s legacy inspires ongoing efforts to enhance mental health services and prevent others from experiencing similar struggles.
In September 2024, allegations of abuse emerged against former Harrods and Fulham FC owner Mohamed Al Fayed, with over 400 survivors coming forward. The claims suggest misconduct was widely known, and many survivors were silenced through non-disclosure agreements. Harrods has launched a financial redress scheme, though concerns about its transparency remain. Survivors face significant legal and emotional barriers in seeking justice, but redress schemes offer a more accessible alternative. Our team is committed to providing expert legal support to survivors in their pursuit of justice.
An inquest into the death of 20-year-old India Walker highlighted multiple failures in her care at Elmleigh Hospital, Hampshire. India, known for her creativity and kindness, died following a serious act of self-harm. The jury found inadequate risk management and delayed responses possibly contributed to her death. Her family calls for systemic changes, questioning the suitability of acute wards for patients with persistent self-harm.
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