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If the court grants them, they are generally only granted for a period of six months initially but can be extended for further periods of six months.
If the cohabitant does not own the property (or is not named on the lease for a rented property) and they are subjected to domestic abuse by the other cohabitant, then they can apply to the court for an order to exclude the other cohabitant from the property, even though that person is the actual owner of the property.
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The award can be a cash sum or a transfer of an asset from the estate, for example a house or a car.The Court has a wide discretion to determine whether or not a couple can be classed as cohabitants.This is ultimately a matter of fact and the court will take into account a number of matters; including the length of time they lived together, the nature of their relationship and whether they had any shared finances during the time they lived together.In looking at the nature of the relationship, the court will look at whether the couple were generally recognised as being a couple by their friends/family/colleagues (as opposed to flat mates, for example) and also the sexual relations and emotional support which existed between them.There is no fixed period before a couple can be recognised as cohabiting.