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Proving Cohabitation

  • rugbyfan678
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14 Nov 14 #449228 by rugbyfan678
Topic started by rugbyfan678
I moved out of the FMH in February and my ex moved in her new boyfriend in June. They have been living together 7 nights a week ever since in a stable relationship; holidays with my kids etc.He is wealthy and not contributing anything directly to bills etc. I''m paying child and some spousal maintenance. Separation was agreed mutually back in Feb.

I''ve heard different views on proving cohabitation during divorce including differing judicial opinions and best ways to prove it

Any advice greatly appreciated.

Many Thanks

  • LittleMrMike
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17 Nov 14 #449397 by LittleMrMike
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No two cases are ever the same. Generally speaking, when somneone who is receiving maintenance starts to cohabit they don''t shout it from the housetops.

In general the courts will look at factors such as : do they live under the same roof ? Do they share finances ? Take holidays or go out together ? Do they have a sexual relationship ? Has a child been born to the union ? As I said, each case is different.

LMM

  • Gillian48
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17 Nov 14 #449408 by Gillian48
Reply from Gillian48
Do you need to prove cohabitation for a particular reason? Is it to reduce spousal maintenance ? If that is the reason and the payments for SM are voluntary can you not just her inform her your reducing payments. Unless there is a court order drawn up then you can''t just reduce the payments.
Proving cohabitation is extremely difficult as I know - I have proof PI reports over a 3 month period , all the other factors were agreed that cohabitation was probably happening but the judge gave my ex the benefit of doubt.
Don''t waste your time and money trying to proove this - at then end of the day it''s down to the judge to decide and they all have very different views!

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18 Nov 14 #449411 by LittleMrMike
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If there is a child born to this union it will be very difficult to deny cohabitation, as ibn the recent case of Grey v Grey.

LMM

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