Family Law Implications for Unmarried Couples

Family law cases can be emotional and filled with uncertainty. This is especially true when you are in a custody battle or fighting over property. These family law disputes are not limited to married couples. Unmarried couples may also have to deal with property division, child custody, and child support.

You likely have many questions about your rights and how to best protect them. This article answers frequently asked questions about family law applications for unmarried couples. 

Family court laws vary by jurisdiction. Answers to your questions often depend on the specific facts of each case. It would be best to get legal advice from a local attorney who knows you and the laws in your area. Contact a local and experienced family law attorney.

What Are the Legal Rights of Unmarried Couples?

Unmarried couples do not have the same rights or protections as married couples. For example, there are no automatic rights to inheritance. You may not have the ability to make medical decisions for your partner. However, that does not mean that you don’t have legal protections or rights.

Unmarried couples can still enter into their own legal agreements. This includes cohabitation agreements and separation of assets in the event of a breakup. 

You aren’t automatically entitled to your partner’s assets, property, or other benefits if you’re not married. This is true when there’s a death, breakup, or separation. However, you can engage in legal agreements regarding estate planning and end-of-life planning. 

Can Unmarried Couples Get Child Custody?

Yes, unmarried couples can get child custody. The process for child custody varies by jurisdiction. In a child custody hearing, the court’s primary concern will be the best interests of the child. Both parents have equal custody rights and child support obligations. Rights and responsibilities for your child don’t have to do with marital status.

Either parent has an equal right to custody. Courts should not assume a child will be better off with either parent. If paternity is in question, you may need to establish paternity before you can get custody. 

How Can Unmarried Couples Protect Their Property Rights?

Unmarried couples should enter into a cohabitation agreement to protect their property rights. A cohabitation agreement is like a prenuptial agreement. This outlines:

• Who owns what property
• How you will divide it upon separation
• Who will keep the property
• Who has rights to the assets acquired during the cohabitation

Unmarried couples should keep detailed records of who purchased what. You should think about keeping separate bank accounts. If you have joint accounts, keep records of contributions and withdrawals.

What Are the Legal Considerations for Unmarried Couples in Divorce and Separation?

Unmarried couples who are separating do not go through a formal legal process to separate. The process can still be complex, especially if you have children or share real estate. It helps to make legal agreements during the relationship to simplify things if you ever break up.

If one parent contests a 50/50 custody arrangement, court intervention may be necessary. Contact an experienced and local family law attorney for advice about making plans with an unmarried partner. 

What Are the Child Custody and Visitation Rights for Unmarried Couples?

If the court has to determine child custody and visitation, the court will make its decision based on the best interests of the child. If one parent is not the biological parent, they may need to establish parentage to get court-ordered custody or visitation rights.

What Are the Estate Planning Considerations for Unmarried Couples?

Unmarried couples do not have inheritance rights to anything from a deceased partner. If a person dies intestate—or without a will—state law usually determines who will inherit their property. Usually, inheritance is reserved for biological or married relatives. Estate planning is essential for unmarried partners. Estate planning involves:

• Creating a will
• Designating beneficiaries
• Identifying guardians
• Establishing trusts
• Creating medical power of attorney

These documents can ensure that you provide for a surviving partner and children in the event of your passing. 

What Resources Are Available To Help Unmarried Couples Navigate the Family Law System?

There are many resources available to help unmarried couples. These include family law attorneys, local legal clinics, and online resources. Family law resources provide personalized advice, identify issues, and draft legal documents. Depending on your location, legal clinics may offer guidance and support for unmarried couples.

What Are the Future Trends for Unmarried Families in the Law?

The law is increasingly recognizing the rights of unmarried couples. The laws are evolving to change family dynamics. This includes changing family structures. While this is a trend for the future, it is still vital for unmarried couples to be proactive. Couples can take steps to protect their rights and their property under the existing legal system.  Unmarried couples face unique legal issues in the realm of family law. With planning and legal advice from a local and experienced family law lawyer, unmarried couples can limit the distress and unpredictability when a relationship ends.