What is "Cohabitation"?

This is a relationship that usually involves sex! There is no clear definition of cohabitation.

Cohabitation usually involves some sharing of household costs.

Any period of cohabitation does not give you any financial rights against your partner. There is no such thing as a Common Law Wife/Husband

What are the ways of getting a Divorce?

Firstly there is “Adultery”. This always (as far as I am aware) involves sex but only with a person of the opposite gender. Adultery is one of the five grounds for Divorce but it is very rare, these days, to name a Co-Respondent in a Divorce Petition. Usually an admission of adultery is necessary before proceeding on this ground.

The second ground is Unreasonable Behaviour, for example, forming an inappropriate liaison with another person.

The other three grounds require you to have lived apart for 2 years or more. The ground of having been separated for 2 years with both parties consenting to the Divorce is sometime referred to as a “Quickie Divorce” but this is no different or cheaper than the procedure for Divorce under any of the other 4 grounds.

What about the children?

In most Divorces there will be NO Order made in relation to the children at all. The obligation is upon you as parents to find workable solutions for your child care arrangements. If there are insurmountable issues you can refer to the Court and a CAFCASS Officer will be appointed.  Alternatives that I would urge are the various Mediation Services that are available, not least because they try and build bridges of communication between parents to create a workable future.

Their views?

In disputes between parents obviously the children’s feelings and opinions will be taken into account. It is my personal view, however, that a child should not be left with the belief that they are having to make decisions for their parents or, even worse, referee between parents.

What about starting a new relationship?

If you are receiving maintenance under a Divorce settlement this can sometimes stop if you cohabit with someone. If you are considering buying a property with your new partner then even if you have differing amounts of capital or income to bring to the new relationship, I would still encourage the consideration of joint ownership. This does not mean that it has to be in equal shares. You can own a property as Tenants in Common in shares of 95% to 5% or any other percentage.

If these or any other issues relating to family breakdown are problems for you please contact us on 01423 858582 or This e-mail address is being protected from spam bots, you need JavaScript enabled to view it