Cohabitation Definition

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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

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Discover our 5 Checklists on Cohabitation

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Dive into our 24 Precedents related to Cohabitation

Are the rights of spouses and former spouses to make financial claims against each other brought to an end on remarriage? So if a former spouse remarries they cannot make a financial claim against their former spouse, but that former spouse could still make a financial claim against the remarried spouse? Or can the financial claims only be brought to an end by a court order?

Are the rights of spouses and former spouses to make financial claims against each other brought to an end on remarriage? So if a former spouse remarries they cannot make a financial claim against their former spouse, but that former spouse could still make a financial claim against the remarried spouse? Or can the financial claims only be brought to an end by a court order? The effect of remarriage on the ability of a party to bring financial claims on divorce is addressed by section 28 of the Matrimonial Causes Act 1973 (MCA 1973). MCA 1973, s 28(3) provides that: ‘If after the grant of a decree dissolving or annulling a marriage either party to that marriage remarries whether at any time before or after the commencement of this Act or forms a civil partnership, that party shall not be entitled to apply, by reference to the grant of that decree, for a financial provision order in his or her favour, or for a property adjustment order, against...

Cohabitants entered into an agreement during their cohabitation which provided for a property to remain the sole property of one of the parties. The parties are now to marry and no longer wish to be bound to the terms of that agreement, but while the agreement provided for termination in the event of separation, it did not include marriage as a termination event. The parties do not wish to enter into a pre-nuptial agreement. What steps would the parties need to take to terminate the cohabitation agreement and would the terms of the agreement be relevant should there be a subsequent divorce?

Cohabitants entered into an agreement during their cohabitation which provided for a property to remain the sole property of one of the parties. The parties are now to marry and no longer wish to be bound to the terms of that agreement, but while the agreement provided for termination in the event of separation, it did not include marriage as a termination event. The parties do not wish to enter into a pre-nuptial agreement. What steps would the parties need to take to terminate the cohabitation agreement and would the terms of the agreement be relevant should there be a subsequent divorce? A cohabitation agreement may make provision for it to continue to apply on marriage or cease to apply on marriage. Where the agreement is silent as to the impact of a subsequent marriage, and the parties wish to place the matter beyond doubt, it is possible for them to enter into a simple form of cancellation agreement endorsed upon the original cohabitation agreement. The following...

See the 78 Q&As about Cohabitation

Family weekly highlights—12 June 2025

This week's edition of Family weekly highlights includes details of a speech by Mr Justice Nicklin on open justice and details of the Migration Advisory Committee's new family visa financial requirement review. Analysis of recent judgments on disclosure of journalistic sources, non-matrimonial assets and expert witnesses in care proceedings are included.

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This week’s edition of Private Client highlights includes: (1) the Law Commission publishes its recommendations to reform the Wills Act 1837; (2) Mr and Mrs K v Mr and Mrs Z, in which the court granted a parental order despite applicants’ advanced ages; (3) HMRC issues first individual tax avoidance stop notices under POTAS regime; (4) further analysis of Accuro Trust (Switzerland) SA v The Commissioners for HMRC, in which the court confirmed when a settlement is ‘made’ for the purposes of excluded property; (5) Louwman v Revenue and Customs Commissioners, a decision of the FTT holding that OIGs and AIPs arising in offshore protected trusts are not protected foreign source income; (6) Moran v Revenue and Customs Commissioners, where the taxpayer was found liable under the transfer of assets abroad regime for the rent-free occupation of a house; and (7) the Data (Use and Access) Bill reaches its final legislative stages.

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