Cohabitation Definition

See All Glossary Terms

Published by a ��Ӱ�� Family expert

What does Cohabitation mean?

Examples of statutory definitions of cohabitation include: •the meaning of 'cohabitants' is defined in section 62(1)(a) of the Family law Act 1996 as 'two persons who are neither married to each other nor civil partners of each other but are living together as husband and wife or as if they were civil partners' •references to whether a couple are living in the same household, eg sections 1(1A) and 1(1B) of the Inheritance (Provision for Family and Dependants) Act 1975 regarding eligibility to apply under that Act, which includes references to living 'as the husband or wife of the deceased' or 'as the civil partner of the deceased' •section 144(4) of the adoption and Children Act 2002 in which ‘a couple’ is defined as a married couple, two people who are civil partners of each other, or two people (whether of different sexes or the same sex) living as partners in an enduring family relationship

View the related checklists about Cohabitation

Family provision claims—table of cases

Family provision claims—table of cases Spouse or civil partner of the deceased Topic Case name Summary Author Spouse of the deceased Ramji v Harvey (in his capacity as executor of the estate of Sugrim Orlando Ramji deceased) and others [2023] EWHC 1664 (Ch) News Analysis: Lifetime transaction set aside on the basis of undue influence (Ramji v Harvey).In this preliminary issue trial in a claim under I(PFD)A 1975, the court set aside a transfer finding that the relationship between the deceased and the surviving spouse was one of trust and confidence resulting in a presumption of undue influence. Holly Challenger, Parklane Plowden Chambers Spouse of the deceased Re estate of Singh (deceased) [2023] EWHC 304 (Fam) News Analysis: Spousal claim under I(PFD)A 1975 dealt with on an abbreviated basis (Re estate of Singh (deceased))The judge dealt with this claim on an abbreviated basis, as the claim was either uncontested or alternatively, if D3 were to contest the claim, summary judgment could be given. Aimee Jones, Sternberg Reed LLP Spouse...

Procedural guide—dissolution of civil partnership (pre-DDSA 2020)

Procedural guide—dissolution of civil partnership (pre-DDSA 2020) This Procedural Guide sets out the steps to be taken on an application for a dissolution of a civil partnership in an undefended case under the Civil Partnership Act 2004 (CPA 2004) in relation to proceedings that were issued before 6 April 2022. It includes guidance on who may apply, irretrievable breakdown, service of the petition, and filing an acknowledgment of service. It also details evidence that must be filed to prove the fact relied on, applying for a conditional order of dissolution, the final dissolution order and how to deal with costs. The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came in to force on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 are subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For further information, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Proceedings issued by...

Procedural guide—applications for a financial remedy: final hearing (standard procedure)

Procedural guide—applications for a financial remedy: final hearing (standard procedure) This Procedural Guide sets out steps for the standard procedure under the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 9, Ch 4 (SI 2010/2955, 9.12–9.17). For practical guidance on proceedings to which the fast-track procedure under FPR 2010, SI 2010/2955, Pt 9, Ch 5 (SI 2010/2955, 9.18–9.21A) applies, see Practice Note: Fast-track (shortened) financial remedy procedure. A ‘Statement on the efficient conduct of financial remedy hearings in the Financial Remedies Court below High Court judge level’ was issued in January 2022 by the Financial Remedies Court national lead judge, Mostyn J, and the deputy national lead judge, HHJ Hess, together with a Primary Principles document (replacing the previous Good Practice Guide) and templates for a composite case summary and schedule of assets and income. See Practice Notes: The Financial Remedies Court, Financial remedy proceedings allocated below High Court judge level and Evidential issues for the final hearing of an application for a financial remedy. For practical guidance on...

Tier 1 (Investor): key practical considerations [Archived]

Tier 1 (Investor): key practical considerations [Archived] ARCHIVED: The Tier 1 (Investor) category was closed to initial applications, without warning, from 16:00 on 17 February 2022 through Statement of Changes in Immigration Rules CP 632. Those with existing leave in the route are still be able to extend their stay, including making an application for entry clearance outside the UK if they have held leave as a Tier 1 (Investor) migrant in the 12-month period preceding the date of application, and apply for settlement. Extension applications made inside or outside the UK must be submitted by 17 February 2026. Applications for settlement must be made before 17 February 2028. For further information, see: LNB News 17/02/2022 76. This Practice Note, which was last updated prior to the introduction of post-Brexit work and study routes in December 2020, further to Statement of Changes in Immigration rules HC 617, has been retained in archived form for historical interest. Anti-money laundering requirements and other client due diligence procedures Matters...

Discover our 99 Practice Notes on Cohabitation

Spouses, civil partners and unmarried partners under Appendix FM: in—country switch—letter in support from applicant partner

Spouses, civil partners and unmarried partners under Appendix FM: in—country switch—letter in support from applicant partner [Insert your current residential address] [Insert Home Office address to which the application is being sent] [Insert date] Dear [insert organisation name] Application for leave to remain as a [spouse OR civil partner OR unmarried partner] under Appendix fm of the Immigration Rules I confirm that I am a [insert nationality] national and am the [spouse OR civil partner OR unmarried partner] of [insert name of sponsoring partner]. My date of birth is [insert date of birth] and I am currently [insert age]. I confirm that I am not related to [insert name of sponsoring partner] in a way that is prohibited for [marriage OR civil partnership] in the UK. [I am currently living in the UK with leave to [enter OR remain] as [insert current immigration status] OR My last granted leave to remain as [insert last granted immigration status] expired on [insert date of expiry of leave,...

Spouses, civil partners and unmarried partners under Appendix FM: grant of entry clearance—information sheet

Spouses, civil partners and unmarried partners under Appendix FM: grant of entry clearance—information sheet You have now been granted entry clearance (a visa) until [insert date] as the partner of a person with [British citizenship OR settled status in the UK OR protection status in the UK OR pre-settled status under Appendix EU]. [Your dependant child[ren] has/have been granted entry clearance in line with you, and what is stated below in relation to you will also apply to them, including the need to access their eVisa account and update it where relevant. You will be able to manage this account for them.] This information sheet outlines some of the key conditions of your stay in the UK as well as your responsibilities to the Home Office. It is important that you understand these conditions. Please do not hesitate to contact us if you have any queries. Please note that while the information below is correct as at today’s date, UK immigration law is subject to regular...

Dive into our 25 Precedents related to Cohabitation

A married but non-cohabiting couple are looking to extend their leave under Tier 2 (General). They have not been living at the same address in the UK since 2017 but are in a genuine relationship. What effect will this have on their extension application?

A married but non-cohabiting couple are looking to extend their leave under Tier 2 (General). They have not been living at the same address in the UK since 2017 but are in a genuine relationship. What effect will this have on their extension application? Immigration Rules, Part 8, para 319C sets out the requirements for partners of Tier 2 (General) migrants when applying for leave to remain. These include that: ‘…(d) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be genuine and subsisting at the time the application is made. (e) The applicant and the Relevant Points Based System Migrant or Appendix W worker must intend to live with the other as their spouse or civil partner, unmarried or same-sex partner throughout the applicant’s stay in the UK.’ Note that, in relation to an extension of stay, this intention to live together requirement will also have been a requirement for their preceding application for leave to remain/entry clearance in the category....

T left a life interest in T's share of a property to T's spouse, S. S's new partner, P now resides in the property with S. What rights does P have in the property as a result of P's occupation?

T left a life interest in T's share of a property to T's spouse, S. S's new partner, P now resides in the property with S. What rights does P have in the property as a result of P's occupation? As a life tenant of a share of the property, S is entitled to occupy the property, so long as the purposes of the trust include making the property available for their occupation, the property is available and suitable for occupation under section 12 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996). If S holds the remaining interest in the property, no one else will hold a right to reside there, although it is conceivable that there are other owners of the remaining share(s) of the property who also have a right of occupation under TOLATA 1996, s 12. TOLATA 1996, s 13 governs where there are more than one person with the right to occupy a property. Without any beneficial interest in the property,...

See the 77 Q&As about Cohabitation

Family weekly highlights—12 December 2024

This week's edition of Family weekly highlights includes a review of the most significant family law developments in 2024 and discussion of what might be the key developments in 2025. Details of the Transparency and Open Justice Board's invitation to respond to its proposed key objectives, Family Justice Council guidance on responding to allegations of alienating behaviour and updated MyHMCTS How to apply online for a divorce or dissolution guidance are set out. The expansion of the transparency reporting pilot for financial remedy proceedings and recent judgments on failure to provide accommodation and care proceedings are considered. New graphics added to Lexis+ Family Practical Guidance in 2024 are also set out.

Key family law developments in 2024 and looking ahead to 2025

Family analysis: The Lexis+ Family Practical Guidance ‘Next Generation’ Consulting Editorial Board (CEB) review the most significant family law developments in 2024 and consider what they anticipate may be key developments in 2025. The ‘Next Generation’ CEB members are Matt Foster, senior associate at Charles Russell Speechlys LLP, Aimee Jones, senior associate at Sternberg Reed LLP, Laurie Kershaw, senior associate at JMW Solicitors LLP, Sacha Lee, associate at Dawson Cornwell LLP, and David Wilkinson, solicitor at Slater Heelis.

Read the latest 185 News articles on Cohabitation

Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

Case studies

"The way ��Ӱ�� dealt with us was receptive and not pushy. They took the time to get to know us and what we needed as a business."

Irwin Mitchell

Access all documents on Cohabitation

GET ACCESS NOW

Top

Trial

��Ӱ��

GLOSSARY