Facts

The case concerns a couple, X. (the husband and appellant) and Y. (the wife and respondent), who married in April 2005 and have two children together, T. and S., born in February 2006 and January 2009. The respondent met a new partner in October 2009 and has been living with him since January 2010. The appellant requested the regulation of separation of persons and was ordered to pay a maintenance contribution to the respondent. He contests this decision, arguing that the respondent is living in cohabitation with her new partner and that this should affect her maintenance contribution.

The key facts are as follows

  • The couple separated in January 2010.
  • The respondent has been living with her new partner since January 2010.
  • The appellant requested the regulation of separation of persons and was ordered to pay a maintenance contribution to the respondent.
  • The appellant contests this decision, arguing that the respondent is living in cohabitation with her new partner.

Considerations

The Federal Court examined the question of whether the respondent's cohabitation with her new partner affects her maintenance contribution. It considered that cohabitation may affect the maintenance contribution, but that this depends on the circumstances of the specific case.

The Federal Court distinguished three scenarios

  • Cohabitation that results in a financial contribution from the partner.
  • Cohabitation that results in a reduction of living expenses.
  • Qualified cohabitation, which is a durable and stable community of life.

The Federal Court considered that, in the present…