Family
Cohabitational Relationships Act alongside the Matrimonial Proceedings Act
Divorce and financial relief are governed by the Matrimonial Proceedings and Property Act, with irretrievable breakdown as the ground and separation as the usual evidence. The Cohabitational Relationships Act 1998 gives a cohabitant of at least five years, or less where there is a child, the right to apply for property adjustment and maintenance. Children's matters are dealt with under the Family and Children Division of the High Court, created by the Family and Children Division Act 2016.
Key rules
- Jurisdiction — Family and Children Division of the High Court
- Deadline — Divorce: petition after one year of marriage, with separation as evidence of breakdown
- Deadline — Cohabitant property claim: made within two years of the relationship ending
Governing law
- Matrimonial Proceedings and Property Act, Chap. 45:51
- Cohabitational Relationships Act 1998
- Children Act 2012
- Family and Children Division Act 2016
In practice
The two-year limit on a cohabitant's application is far shorter than the position for spouses and is the most common way a meritorious claim is lost, particularly where the parties separated informally without advice. The 2016 Division reforms also introduced a more inquisitorial, less adversarial procedure for children's cases, with an emphasis on early social-welfare input.