1. Members of the same household: The couple normally live together, except for necessary absences for employment etc. Neither has any other home where they normally live. If the partner is not a member of the same household they cannot be cohabiting.

2. Stability: Living together implies more than an occasional or very brief liaison. It is only relevant if the relationship is otherwise like that of a husband and wife.

3. Financial support: One would expect to find financial support or sharing of expenses.

4. Sexual relationship: This is an important and normal part of a marriage, but the presence of such a relationship does not establish cohabitation on its own.

A couple who refrained from sexual relations on principle, and a couple who were within the prohibited degrees of relationship were held not to be cohabiting. Although it is accepted that some married people might not have a sexual relationship at any particular time it was held that if a relationship was such that there was never any intention that there should be a sexual relationship then it could not be like that of a husband and wife.

If it is accepted that a couple are living together it still has to be considered why they are doing so, and their intentions as to sex are an important element in that consideration.

5. Children: If a couple have children together, or care for children together, there is a strong presumption that they are cohabiting.

6. Public acknowledgement: The question of whether a couple hold themselves out as married carries little weight in cases of dispute.

Butterworth v. SBC (1982) 1 All ER 498

Proof

The important question is often the intentions of the parties, but this must generally be inferred "from what he or she does or says at the relevant time".

R(SB)17/81

It has been held repeatedly that the six point test is only a guide, and none of the ingredients of the test can be decisive.

R(SB)35/85