What are the legal consequences of an unmarried cohabitation?
December 8, 2023 | 40,00 EUR | answered by Oliver Breitwieser
Dear family law attorneys,
I am reaching out to you as I am currently in a non-marital cohabitation and uncertain about the legal consequences. My name is Robert Schlittmaier and I have been living with my partner for three years. We have a child together and share the costs of rent, groceries, and raising the child. However, we have never been married and have not applied for joint custody.
I am aware that in a non-marital cohabitation, there is no automatic spousal support or inheritance rights as in a marriage. However, I am particularly concerned about the legal consequences in case of a separation. Are there regulations for dividing assets or custody and visitation rights for the child? How can I ensure the security of myself and my child if our relationship were to fail in the future?
I would like to inform myself in advance and take precautionary measures to avoid unnecessary disputes and uncertainties. Could you please provide me with information on the legal consequences of a non-marital cohabitation and suggest possible solutions?
Thank you in advance for your assistance.
Sincerely,
Robert Schlittmaier
Dear Mr. Schlittmaier,
Thank you for your inquiry regarding the legal consequences of a non-marital cohabitation. It is understandable that you want to inform yourself about possible regulations regarding the division of assets, custody and visitation rights for your child, as well as general ways to secure yourself.
In a non-marital cohabitation, there are generally no automatic legal regulations like in a marriage. This means that there is no automatic right to maintenance or inheritance. However, you can regulate certain aspects and secure yourself through individual agreements or precautionary measures.
First of all, it is important to clarify whether you and your partner already have shared assets. If so, for example, you could draw up a partnership agreement to regulate the division in case of a separation. In this agreement, you could also include regulations regarding custody and visitation rights for your child.
In terms of custody and visitation rights for your child, it is advisable to apply for joint custody. This means that both parents are involved in important decisions for the child and share responsibility. If this is not possible, you can also apply for sole custody and establish a visitation arrangement for the other parent.
Furthermore, you could consider drafting a will to ensure that your child is provided for in case of your passing. In a will, you can specify who should inherit your assets and what financial arrangements should be made for your child.
It is advisable to inform yourself early on about these legal aspects and, if necessary, seek professional legal advice. An experienced family law attorney can assist you in creating individual agreements and precautionary measures to avoid potential disputes and uncertainties in the future.
I hope that this information has been helpful to you. If you have any further questions or would like individual consultation, I am at your disposal.
Sincerely,
Oliver Breitwieser
