Ed Heaton explores the rights of cohabitants
In her recently published article in NLJ, Geraldine Morris considered the approach of the courts to periods of cohabitation within the context of divorce proceedings (both cohabitation between the parties prior to their marriage and the cohabitation of one of the parties with a third party post separation). This article will look at the stark contrast between the positions of cohabitants upon separation and those of spouses upon divorce.
In her article, Ms Morris referred to the case of GW v RW [2003] 2 FCR 289, [2003] All ER (D) 40 (May). In his judgment in that case, Nicholas Mostyn QC, sitting as a Deputy High Court Judge, (as he then was) held that, where a relationship had moved seamlessly from cohabitation to marriage, it was artificial to treat the periods differently. In practice, therefore, any period of pre-marital cohabitation is likely to be added to the term of a marriage for the purposes of measuring the length of the marriage, something which is often relevant to determining fairness within the context of a divorce.
