Q. I have been living with my partner and our two children for 5 years but our relationship is in difficulty. If we separate will he be liable to pay maintenance for me and the children?

A. He is legally liable to pay maintenance for the children and, if you cannot agree how much that will be, you will have to apply to the Child Support Agency (CSA). They will assess the amount of maintenance as a percentage of his net income (currently 20% for two children) with a reduction for the number of nights that the children are to spend with him. The maintenance formula is set to change in 2012 and will be based on a percentage of gross income.

He has no obligation to pay any maintenance to you in your own right, even if you do not work and it was agreed that you would remain at home and be the main carer for the children. The situation would be different if you were married. There is no such thing as common law marriage.

Q. My Partner owns the house that we live in and did so before we began living together. Do I have an interest in the property?

A. This is a complex area of law which involves questions of property and trusts law. Even if you have been contributing to the costs of maintaining the property, you may not have any interest in it. You should seek advice from a specialist family law practitioner who can talk you through these issues. There was a recent Supreme Court case dealing with an unmarried couple and their rights in a shared property. The court’s judgment is awaited. This may affect your position and the advice that you will be given.

Q. I am about to buy a house and move in with my girlfriend. Are there any legal matters we need to consider?

A. Yes. I would recommend a Living Together Agreement to confirm what you both agree to do in respect of payment of outgoings, other practical issues and in the event that your relationship does not work out. Although this is not a very romantic suggestion it can avoid a great deal of heartache in the event that the relationship fails as you will have an agreement that you can both rely upon. I would also suggest a Trust Deed to confirm matters in relation to your ownership of the house and to reflect the money that you are each to put into it by way of deposit and contribution to any mortgage.

Q. I have not made a Will. As I live with my partner, will he automatically receive anything in the event of my death?

A. No. The rules that govern the distribution of your estate (intestacy rules) do not make provision for a person that you live with. You should make a Will if you wish to ensure that your partner receives part or all of your estate. If you do not, then your partner would have to consider making a claim against your estate in the six months following your death. This means that he may be claiming against your children or other members of your family.