Living separately?

terryw

Hannah_10 wrote: »

I was always told the answer was 3 nights a week, if you're together 4 nights a week then you're living together. Looking at other posts this might not be the whole story, but it's certainly the case as I understand it.

Urban myth

terryw

Here is a link to the government's view of living together as husband and wife.

http://www.dwp.gov.uk/docs/dmgch11.pdf

gemma1979

The case I couldn't think of earlier is fitzpatrick v sterling housing: iot represents the current law and lists all the relevant factors other cases build on this x

gemma1979

All factors of their relationship have to be considered. The significance of each factor
can only be determined in the context of all of the factors with none being decisive.
There is more to the determination than the cold, observable facts. The
characteristics of the relationship of husband and wife may include1

• mutual love

• faithfulness

• public acknowledgement

• sexual relations

• shared surname

• children

• endurance
Meaning of living together as husband and wife or living together as civil
partners 11046 11049
Vol 3 Amendment 20 November 2005

• stability

• interdependence

• devotion.

1 Fitzpatrick v Sterling Housing Association

terryw

For the sake of LTAHAW, the benefit authorities also consider financial relationships.

DX2

Very confusing set up for the kids, no?

AsknAnswer2

Fitzpatrick v Sterling Housing Association LTD is case law pertaining to tenancy rights, it is irrelevant to benefits.

dmg24

gemma1979 wrote: »

Yes but that is irrelevant: if we are legitimately living apart then we are legitimately living apart - the fact that you have previously been with someone/known someone is irrelevant. I rang the DWP and council for some advice: they informed me that as long as we were going to be genuinely living apart in different households (as opposed to say him getting a flat and not staying there but staying here) this is all that matters.

It is not irrelevant, as you have demonstrated in your list of factors (whilst not the same situation, Fitzpatrick could be persuasive authority). You do not make the decision as to whether you are genuinely living apart, the LA/ JCP do.

Shady_Lady_2

Hope this helps

I was told by a third party that 3 nights is allowed before you are considered as cohabiting.
Also .. I lived with my bf for 6 years untill we drove each other round the twist, we have been happily living a part for 2 years now and our relationship is great, we only see each other when we want to, not because we have to.
Saying that most ppl don't get it LOL
Good Luck

dmg24

Shady_Lady wrote: »

Hope this helps

I was told by a third party that 3 nights is allowed before you are considered as cohabiting.
Also .. I lived with my bf for 6 years untill we drove each other round the twist, we have been happily living a part for 2 years now and our relationship is great, we only see each other when we want to, not because we have to.
Saying that most ppl don't get it LOL
Good Luck

With all respect it is pretty unhelpful because it is wrong.