Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

Court of Protection Practice and Procedure Conference 2016

A comprehensive guide to best practice and current thinking

21 DEC 2012

Cohabitation? I know it when I see it

Sharon Mahmood

Solicitor, Burges Salmon LLP:

In the recent case of X v Y (Maintenance Arrears: Cohabitation) [2012] EWCC 1 (Fam) HHJ Bellamy reviewed the test of what qualifies as 'cohabitation' post separation/divorce.  The wife in this case went to considerable lengths to disguise the fact she was cohabiting with her new partner to avoid a termination of maintenance clause in the consent order.

This article poses the question: when does a new partner become a cohabitant?  It reviews the checklist used in Kimber v Kimber [2000] 1 FLR 383 and HHJ Bellamy's conclusion that there can be no prescriptive test for what constitutes cohabitation.

The article goes on to consider how best to approach the issue of cohabitation at each stage of financial remedy proceedings, from disclosure through to consent order.

Finally, it looks at the effect cohabitation post separation/divorce, if proved, might have on the overall financial settlement; a review of the case law and what this might mean in practice.

The full version of this article appears in the January 2013 issue of Family Law.

Family Court Practice 2016, The

(Red Book)

Order your copy today and get the Autumn Supplement

More Info from £465.00
Available in Family Law Online
Red Book Plus

Red Book Plus

Family Court Essential Materials

This ready reference guide for all family court practitioners and judges provides a portable...

Subscribe to our newsletters