RELATIONSHIP BREAKDOWN (UNMARRIED)

 

 

In this issue, Julian Hunt Partner of the Family Department, aims to set out some of the issues you should consider if your relationship has broken down.

 

QUESTION
My partner and I are going through a breakup.    We are not married but we own a property together and we have a 5 year old son.   A few weeks ago I decided to go and stay with my parents to give us some breathing space whilst I decided what I wanted to do.    My partner has now changed the locks to our home and will not let me back in.   What can I do?

ANSWER
As you jointly own the property you are entitled to return to it.   Your partner is not permitted to prohibit you from accessing the property.  Technically you are entitled to force entry back in to your property, although we would not always advise this.   Your partner should either supply you with new keys or change the locks back.   If your partner still refuses to co-operate then you can apply to the Court for an order to let you back in the property.   Also to seek an order that your partner pay your costs of having to make the Court application.

 

 

QUESTION
Does the fact that I moved out of the house mean that I lose my rights to it?   That is what my partner is saying.

ANSWER
No it does not.    You still jointly own the property and that does not change unless you both decide to sell the property, or you decide to transfer your share in it over to your partner or unless the Court orders otherwise.   Your partner cannot unilaterally assume ownership of the property.

 

 

QUESTION
My partner earns a very good income.   What financial obligations does he have both towards our son and me?

ANSWER
As you are not married you are not entitle to maintenance from him for yourself.   However your partner has a legal obligation to provide financial support to your son.  The Child Support Agency govern child maintenance and would make an assessment that your partner should pay 15% of his net income to you by way of child maintenance.   Under a best case scenario you can agree the figure direct with your partner such that neither of you will have to make application to the CSA for a formal assessment.

 

 

QUESTION
My partner tells me that he has the same parental rights in relation to our son as I do because he is named on the Birth Certificate.  Is this true?

ANSWER
This is correct as from 1st December 2003 and unmarried father automatically acquires parental responsibility if they are named as the father on the child’s Birth Certificate.   Parental responsibility enables a parent to be kept informed about things affecting a child, and to make day to day decisions about a child, e.g. medical treatment should an emergency arise whilst the child was in their care.   You should not be unduly alarmed by your partner having parental responsibility as it is not necessarily a bad thing.   It does not entitle your partner to take control of the decision making.

 

 

QUESTION
Do I need a Court Order to confirm my role as primary carer and to regulate my partner’s contact with his son?

ANSWER
Hopefully not.   The majority of parents are able to manage their son’s care post separation without the need for a Court Order.    If you have difficulties in agreeing arrangements I would suggest a referral to mediation to facilitate an agreement.   There is no need for Court Orders and Court proceedings should only be issued as a last resort.   Court proceedings tend to be expensive, causes disruption to the family, divisive and most importantly very upsetting for the children.   At the very least you should consult a Solicitor initially to understand your basic entitlements and to give you an idea as to the procedures.