Section 172 of the 2010 Act defines a Cohabitant as “one of two adults (whether of the same or the opposite sex) who live together as a couple in an intimate and committed relationship and who are not related to each other within the prohibited degrees of relationship or married to each other or Civil Partners of each other”.

In deciding whether or not two adults are Cohabitants a Court shall take into account all the circumstances of the relationship and in particular shall have regard to the following:-

a) The duration of the relationship;

b) The basis on which the couple live together;

c) The degree of financial dependence of either adult on the other and any Agreements in respect of their finances;

d) The degree and nature of any financial arrangements between the adults including any joint purchase of an estate or interest in land or joint acquisition of personal property;

e) Whether there are one or more dependent children;

f) Whether one of the adults cares for and supports the children of the other; and

g) The degree to which the adults present themselves to others as a couple.

There is no definition of what is an “intimate and committed relationship” in the Act. The Act does state that “for the avoidance of doubt a relationship does not cease to be an intimate relationship for the purpose of this Section merely because it is no longer sexual in nature”. .

Who is a “Qualifying Cohabitant”?

Only a “Qualified Cohabitant” may bring an application to Court under the Redress Scheme established under the 2010 Act.

Section 172(5) defines a “Qualified Cohabitant” as Cohabitants (whether of the same sex or opposite sexes who were living together and who immediately before the time that the relationship ended, whether through death or otherwise, were living as a couple for a period of two years or more (in the case where they are the parents of one or more dependent children) and for a period of five years or more in any other case.

It should be noted that there is an exception to these general rules which leads to a couple who would otherwise fall within the definition of a Qualifying Cohabiting couple not being so qualified if (a) one or both of the adults is or was at any time during the relationship concerned an adult who was married to someone else and (b) at the date the relationship concerned ends each adult who is or was married has not lived apart from his/her spouse for a period or periods of at least four years during the previous five.