Proving Cohabitation

Good points, as usual, case law rarely is that helpful unless being argued by barristers, even then they will have for and against arguments to suit the client.

You obviously know SvS, the guy lived in Spain wife England, long story short court said they cohabited, what''s important is the court looked more at lifestyle and interaction than who slept where and how often, it''s what the judges rule that matters in case law and the thinking behind the ruling, lower courts must follow this.

It''s really an aside anyway for the OP, the guy is wondering if his wife''s relashonship will help him limit his liability in short, the fact is it won''t, not short term anyway.

I have already taken general legal advice and I see one of the following outcomes.
1. CM +nominal SM for a fixed period
2. CM + joint lives order for SM
3. CM only

She has a low income and I suspect that the most likely outcome is no 2 above. I will struggle financially. Kids are 6, 14 and 18. The Legal advice that I have received is so general, scenario based and caveated on what the judge thinks on the day. Different solicitors have given different views on the same issue and very handsome fee charges too! She can go sick with stress whilst if i did that she would claim wilful under empolyment. Again seems so unfair. Following feedback on this site I''m going to file for divorce immediately.

Hi Rugby
You need to avoid option 2 at all costs, and I say that as having a global maintenance order for life with no cohabitation clause. My ex was going crazy as I had a guy living with me and there was nothing he could do but carry on paying. I have now re-married so thankfully for him it has ended.
Your wife could be entitled to tax credits and working tax credits. Has she looked into this?
If I were you I would just pay CM as you are setting a precedent here by paying more. Good luck.

Thanks and I totallly agree with you. She is getting £900 a month in child tax credits. I''m going to reduce my committent down to CM immediately. Allbeit she will go crazy and up the ante.

Is there any propery involved?

If you reduce sm will she continue to pay for mortgsge?

Yes there is property involved. The FMH has over 300k of equity and a small mortgage. I bought a small house four months ago for me to live in and mortgaged myself to the hilt. Im also paying the mortgage on the FMH as part of my contribution to CM/SM.

If the ''extra'' £350 you are currently paying is your ''half'' of that mortgage then you wont necessarily be setting a precedent.

What is the intention regarding to the property?

Is the house larger than her requirements?

The sooner you sort out the divorce and finances the better.