Common law marriage – what is it, what are your rights?
Common law marriage is a term coined by the media for couples who have decided to live together but not marry. There is a common misconception that once a certain amount of time has passed in these circumstances, the couple will have rights to claim against each other’s assets in the event of a breakdown of the relationship but this is not the case. Unmarried couples have very limited claims against each other, and those relate to where children are involved (maintenance through the Child Maintenance Service and maintenance and capital claims through Schedule 1 of the Children Act) and properties. The latter is covered by complex Trust Law and can involve costly litigation through the Civil Court.
It is, therefore, extremely important to consider taking legal advice if you are moving in with your partner as you may wish to enter in to a Cohabitation Agreement or Trust Deed to ensure you have an interest in the property in the event of a breakdown, especially if you are making contributions to it. A Cohabitation Agreement can also set out what will happen in the event of a breakdown e.g. who will be able to live in the property and how long the other person will have until they have to leave. An agreement whilst together is better than trying to reach one apart, it can save time, heartbreak and costs if that relationship ends.
Related FAQs
The GMC recognises the challenges the doctors may face as the situation continues to develop. This includes concerns about the risks to the health of the doctors when treating patients with coronavirus. Doctors should follow the current public health advice including self-isolating if they know or suspect that they are infected or are at a higher risk of infection.
Finally, all necessary steps should be taken to ensure that doctors have access to protective equipment and minimise the risk of transmission when treating patients. It is imperative that a record is kept of all decisions made and how any safety or health concerns have been handled.
The GMC continues to work with NHS England and UK’s Chief Medical Officers to provide updates and advice to all doctors as the situation develops. Click here for more information.
Where it is envisaged that 20 or more employees will be dismissed at a relevant establishment within a 90 day period or less, then collective consultation is required (in addition to individual consultation) and the company must inform BEIS (using form HR1).
If there are less than 20 dismissals then you are only required to carry out individual consultation.
Ordinarily, no but during the pandemic, yes.
You can start employing a Tier 2 or 5 worker who is in the UK before their visa application has been decided if the following conditions have been met.
- You have assigned the worker a Certificate of Sponsorship
- They have made an in time visa application (i.e. they made their new visa application before their current leave expired) and they have provided you with evidence of this
- The job you employ them in is the same as the one stated on their Certificate of Sponsorship.
Sponsors should be aware that they should carry out right to work checks before the individual starts undertaking work for them and if their visa application is eventually rejected, they must stop employing them.
Although sponsors will not be able to record migrant activity on the SMS about these workers, the Home Office has confirmed that any necessary reports should still be made on the sponsor’s internal systems.
If the worker is outside the UK, they may be able to start work for you remotely subject to the relevant employment, tax and immigration requirements in that country.
The Government has introduced new regulations, which took effect on 14 May 2020, to relax the publicity requirements in respect of planning applications.
Planning applications are usually required to be publicised by way of site notices and local newspaper notices and applications are to be made available for public inspection. The Government has recognised that these actions may not always be possible in accordance with social distancing guidelines and in order that Councils do not delay applications as a result of an inability to comply with the publicity requirements, the Government has relaxed the requirements.
A Local Planning Authority is now required to “take reasonable steps” to publicise a planning application, which may be through use of online newspapers, social media, or other electronic measures. What is considered reasonable will depend upon the circumstances of an individual application and will be proportionate to the scale and impact of the development. A large development that has previously generated significant interest will require more steps to bring the application to the attention of all of those with an interest than a householder application. The guidance emphasises the role of the publicity requirements, namely to enable those with an interest to make representations and to effectively participate in the decision making process and therefore community engagement remains key. It is recommended that the officer’s report refers to the steps taken where a Council has relied upon the temporary publicity arrangements.
The requirement to make planning applications available for public inspection has also been temporarily suspended providing that the applications are available for online inspection. In reality most LPAs already provide such an online facility. Where individuals are unable to access an application online LPAs should make alternative arrangements, for example providing information over the phone or providing a hard copy set of documents by post.
The regulations however only amend the statutory publicity requirements. In addition to these, all LPAs are required to have a Statement of Community Involvement which may provide for additional publicity requirements and the LPA will be bound by these regardless of the temporary relaxation of any statutory requirements. Where a Statement of Community Involvement does go beyond the statutory requirements, the Government guidance suggests that LPAs update these to ensure that local communities can continue to be consulted in the current climate.
The regulations are currently due to expire on 31 December 2020.
The guidance asks parties to act responsibly and fairly in performing and enforcing contracts. They are encouraged to act in a spirit of cooperation to achieve practical, just and equitable outcomes. In essence, rather than sticking strictly to the contract as agreed, they are encouraged to give each other leeway to deliver performance differently than they are required to do under the contract.