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(Court of Appeal; Thorpe, Wall and Patten LJJ; 31 December 2009)
The wife was pregnant with her partner's child and in cross-examination she admitted that the relationship was a fixed permanent one. However, the judge did not make findings as to cohabitation.
The appeal was allowed as the judge's findings on fact were plainly inadequate. The financial consequences of the wife's relationship should have been investigated and assessed. The Fleming v Fleming approach reviewed and approved.
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