Tuesday, February 26, 2013

Is your ex Co-Habiting?

Quite often there is a debate between divorcing couples as to whether their ex spouse is cohabiting or not. In a divorce if you are found to be cohabiting, in what is termed established Co-Habitation - usually 6 months or longer- then your cohabitee’s income and assets can be taken into account in the division of assets and included in an assessment as to whether regular maintenance should be paid.

The typical questions asked are:

1.       Which days of the week do you stay at each others house?  Assuming your partner has a separate house, surprisingly often they do not and this question is simply not asked.
2.     If the amount of time you see each other has adjusted in the last 6 months please explain how it has changed?

3.       How are everyday costs as food, entertainment, holidays and travel shared by you and your partner?

4.       Where does your partner work geographically?

5.       Has your partner helped you with any of your regular expected outgoings and bills? If so, in what way?

6.       Has your partner accompanied you to any GP, hospital or consultancy appointments?

7.       Are you and your partner involved with each others families?  Have you been to any family events?

8.       Have you or your partner had any relationship with anyone else in the last two years?

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