Legal Definitions - matrimonial cohabitation

Matrimonial cohabitation refers to the act of a legally married couple living together in a shared residence, sharing their lives, and typically fulfilling the mutual duties and responsibilities associated with marriage. It signifies the physical and emotional aspects of a marital relationship where spouses reside together as husband and wife, maintaining a common household.

Here are some examples to illustrate this concept:

• Example 1: Divorce Proceedings
  After years of marriage, Sarah and Mark decide to separate. Mark moves out of their shared family home and into his own apartment. In many legal systems, this physical separation marks the end of their matrimonial cohabitation, which is often a necessary step or a significant factor in establishing grounds for divorce or calculating the duration of a separation period before a divorce can be finalized. The cessation of living together as spouses is a key legal event.

• Example 2: Reconciliation After Separation
  David and Emily, who are legally married, had been living apart for several months while contemplating a divorce. However, they decide to reconcile and move back into their marital home, resuming their shared life and responsibilities as a couple. This act signifies the resumption of their matrimonial cohabitation. If they had been subject to a legal separation period, this resumption could potentially reset that period, impacting the timeline for any future divorce filings.

• Example 3: Immigration Applications
  When a foreign national applies for a spousal visa to join their spouse in another country, immigration authorities often require proof of a genuine marriage and an intent to live together as a married couple. Presenting evidence of matrimonial cohabitation, such as joint lease agreements, shared utility bills, bank statements showing a common address, and photographs of the couple living together, helps demonstrate that their marriage is legitimate and that they are indeed maintaining a shared marital household.