The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or...
When meeting with clients to discuss their succession planning, many cannot recall whether their property is held jointly as joint tenants or jointly as tenants in common. The distinction is that with...
In the recent case of X v Y (Maintenance Arrears: Cohabitation)  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 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.