Legal relations – unmarried couples

The property acquired during the cohabitation of unmarried couples often becomes a point of contention when the relationship terminates. Unlike spouses, cohabitants do not benefit from the statutory presumption of joint ownership. Consequently, each partner must substantiate their contribution to the acquired property. If the property is solely registered in one partner’s name, the other party may be deprived of any claim, despite having contributed financially or through labor.

In legal practice, the property relations of unmarried individuals are typically evaluated under the framework of joint ownership or joint venture agreements. A partner wishing to assert their rights over a specific asset must provide clear and convincing evidence, which may include bank transfers, receipts, witness testimonies, or other documents corroborating their financial or labor contributions.

Property division for cohabitants can become particularly complex if there was no prior agreement regarding the allocation of financial responsibilities. For example, if a housing loan was jointly taken out, but the payments were predominantly made by one partner, a dispute may arise regarding how to address the financial contributions and compensations in the event of separation.

To prevent future conflicts, it is highly recommended that cohabitants enter into a formal agreement regarding property management and division. This could take the form of a written contract or a notarized document. Such an agreement should specify asset ownership, contributions to joint property acquisition, and the terms of property division in case of separation.

For couples cohabiting without marriage, it is essential to properly document financial contributions and ensure that high-value assets are registered in both partners’ names. This proactive approach helps minimize disputes and protects each partner’s rights in the event of a relationship dissolution.

The legal relationships of unmarried couples with children are governed by the same family law provisions that apply to married parents. Regardless of marital status, both parents possess equal rights and obligations regarding the upbringing and maintenance of their children, including ensuring their well-being, education, and emotional development. However, unmarried parents often face additional legal challenges, particularly when disputes arise over issues such as the child’s residence or contact with one of the parents.

The birth of a child does not automatically establish a legal connection to the father unless paternity has been acknowledged. If both parents consent to acknowledging paternity, this can be formalized through a civil registry office. In the event of a paternity dispute, the issue can be resolved through legal proceedings, including DNA testing.

Once paternity is legally established, both parents gain equal rights and obligations with respect to child maintenance, residence, and contact. The law ensures that a child has the right to maintain relationships with both parents, meaning that no parent has the right to unilaterally restrict the other parent’s contact with the child. Should the parents fail to reach a mutual agreement, the court may intervene to establish a formal contact schedule.

A typical issue arises when one parent, after separation or divorce, attempts to limit the other parent’s involvement in the child’s life. In such instances, the court will assess the situation based on the contributions of both parents to the child’s upbringing, the quality of the parental relationship, and the child’s best interests. If it is determined that one parent is intentionally obstructing contact or neglecting their obligations, the court may impose legal measures, such as mandating a contact schedule or enforcing maintenance payments through a bailiff.

Unmarried parents who are separating or wish to mitigate potential disputes are advised to enter into a formal agreement regarding the child’s residence, contact arrangements, and maintenance obligations, and to have this agreement approved by the court. Such agreements provide clarity for both parties and ensure that the child’s rights are safeguarded. In the event an agreement cannot be reached, the dispute will be resolved in court, in the same manner as it would be for married parents.

Unmarried couples seeking to secure their legal protection and plan for the future must proactively utilize various legal instruments to clearly define property relations, responsibilities, and inheritance matters. Unlike married couples, whose rights and obligations are governed by law, unmarried partners must take steps to formalize agreements in order to avoid legal uncertainties and ensure clarity in future situations.

One of the most effective legal tools available is a notarial agreement regarding property division or joint property use. This agreement enables both parties to define how property will be managed, shared financial obligations will be distributed, and expenses will be allocated during the relationship and in the event of dissolution. The agreement can outline each partner’s contribution to property acquisition, maintenance, or usage, and clearly specify how joint property will be handled if the relationship ends. Additionally, such an agreement can help mitigate the potential for disputes should separation occur, offering a clear framework for resolution.

Inheritance is another crucial issue for unmarried couples. Under current legislation, unmarried partners are not recognized as statutory heirs. This means that if one partner passes away, the surviving partner has no automatic right to inherit unless explicitly named in a will. To protect the surviving partner’s interests, it is highly recommended to arrange a will in advance, specifying the intended heir or using tools such as joint property ownership to facilitate inheritance rights.

Healthcare decisions also require attention. In the absence of legal recognition, an unmarried partner has no inherent right to access information about the other’s health status or make decisions on their behalf in critical situations unless a special power of attorney is established. Therefore, it is imperative to create a notarized healthcare power of attorney, granting the partner the authority to make healthcare decisions and represent their interests in case of illness, injury, or incapacity.

Given that unmarried individuals do not enjoy the same legal protections as married couples, it is essential to proactively establish clear legal documents to safeguard both partners’ interests. Notarial agreements related to property management, wills, healthcare powers of attorney, and well-defined financial arrangements are critical tools in ensuring stability and protecting the interests of both partners, their assets, and their future security.