The court in K v K has adopted a welcome, modern approach to the impact of cohabitation on a husband’s liability to maintain his ex-wife, says Jane Craig

Family law is one of those disciplines in which lawyers often have to give particularly unpalatable advice to their clients. Advice to husbands about the impact of cohabitation on periodical payments for a former wife is a case in point. The husband is usually outraged and incredulous when told that his maintenance obligation to his former wife will not automatically cease if she cohabits with another man.

In K v K (Periodical Payment: Cohabitation) [2005] EWHC 2886 (Fam); July [2] Fam Law 518, Coleridge J considered the current state of the law on this issue. He expressed some very firm views about how the court should now approach these cases, notwithstanding the Court of Appeal’s refusal in Fleming [2004] 1 FLR...

Jean Yves

IICJ

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