Ex wife buys new home with new partner 3m post FDR

I'm unsure if I can gain and benifits from the situation I'm about to outline.

Facts are;
01-Jan-10 My Ex Wife divorced me.
May-10 Starts relationship with new man
09-Feb-11 FDR completed in court. She states on offical docs she will not remarry or cohabit within 6 months.
11-May-11 Legal papers for the purchase of a £1.25m property for her and new partner are sent to our previous home. I have not opened the letters.

a, My ex divorced me.
b, She has earning of £200k pa (City Lawyer)
c, She had 50/50 stake of inherritance totalling £2.4m, less tax dues.
d, We had a family home with equity of £800k
e, I pay her 24% (£600) of my net salary each month for our 3 children.
f, I received a papyment of £230k based on assets, liabilities etc and I beleive due to the fact she was saying she would not be cohabiting/remarrying etc and be barring all the costs of aa home etc.
g, New partner certainly earns excess of six figure salary and is selling his previous family home at the same time.

Does anyone know if the fact she has breached her statement of not remarrying/cohabiting with 6 months that I will be able to pursue this matter.

Does it make any difference in the courts eyes if there is clearly an intent to co-habit and mislead the court (FDR papers. They had previously looked at houses in Norfolk together as well.

Any help or advise would be welcome, I'm battling with finacial forces much greater than mine and having my kids moved some considerable distaance away from me with some already harsh restrictions imposed by ex, not the court, as I have not gone the child access route yet. But must.

To make matters worse my ex and new partner have repoted me for criminal damage, which once the police have investigated will confim could not have been me and given other factors looks like it was done to look like it was me. I have also been threatened by ex's boyfriend in a public place in front of my children and witnness, which the police are also investigating.

I'd love to walk away from it all, but with three kids its hard when you need and want to have contact with them.

If this was a needs based case there may be some mileage in what you say. However, as your ex earns a significant amount and has a potential large inheritance - does that cohabitation make any difference to the amount that you would have settled at had you known about the proposed cohabitation? If you can prove that this is the case, you may be able to renegotiate terms.

However, it is very difficult to predict the future and the subject of cohabitation might not have been considered in light of your ex's current position i.e. being in the middle of an Ancillary Relief case. Once the case had finished your ex and partner may have had a change of heart.

In the case of Dixon v Marchant [2008] EWCA Civ 11 the wife remarried soon after a Consent Order was approved. The wife had said she would not remarry but did so less than 6 months later. Commentary on the case says "On appeal to the Court of Appeal, Wall LJJ held that form M1 requires the parties to state their present not future intention and, as such, the wife did not have to promise not to remarry in the future.".

However, your ex is cohabiting and is not married therefore you do not know if there is an agreement between your ex and her partner as to the ownership of the property. Furthermore, cohabitation does not carry the same legal weight as marriage which goes against you.

Notwithstanding the above, you still have to pay child maintenance as you are legally obliged to. Whilst your ex appears to be able to afford to cover 100% of the cost of 'running' the children, that does not negate your financial responsibility.

Charles