ABSTRACT

Many family practitioners deal with what is known as ‘cohabitation’ cases involving the relationship breakdown of parties who have lived together without getting married. As can be seen from the section on ancillary relief, dealing with the breakdown of a marriage, where there is case law and statutory guidance as well as a neat procedural framework provided by the Family Proceedings Rules 1991, is relatively straightforward. Cohabitation cases, although their facts are very similar to those in matrimonial cases, do not have any statutory framework to ease the job of the practitioner and many strictly family practitioners find these cases rather difficult. One of the reasons is very graphically described in H v M (Property: Beneficial Interest) [1992] 1 FLR 229 by Waite J at p 231. Waite J discusses the gulf that currently exists between unmarried and married families in terms of the remedies available to them.