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Definition of \"at present\"

  • JM2017
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2 years 9 months ago #498930 by JM2017
Hi Guys, New to the forum and just seeking some help really.

I am the respondent in a petition from a marriage that ended in 2015 but still going through the process of getting divorced. Both myself and ex now have new partners. We have 2 children together.

She lives in the former family home and boyfriend stays there majority of time but doesn't \"officially cohabit.\"

I signed the petition in December and ticked the box \"I have no wish to remarry or cohabit at present\" and my question is 2 fold

1. How ambiguous is the “at present” element of the statement. Is 4 months later still at present? How long does that last?
2. What would the potential comeback be once I do cohabit within that timeframe?

The reason I ask is because at the time in December I didn't have any intention to cohabit but this week there has been an opportunity come up for me and new partner to potentially get a place together, in her name not mine, in April so how would that effect the above?

Any help greatly appreciated

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  • LittleMrMike
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2 years 9 months ago #498939 by LittleMrMike
Replied by LittleMrMike on topic Re:Definition of \"at present\"
Oh dear, when is a cohabitation not a cohabitation ?

Well, the Courts will look at the matter objectively and will take a number of factors into consideration, like the degree of sexual contact, whether they have shared finances, how long the arrangement has been going on, whether they go on holidays together, that sort of thing . One factor which is almost conclusive is the birth of a child.

If you make statements during the course of proceedings that you don't intend to marry or cohabit, and then do, the Court may
reconsider the whole matter afresh. I suggest that you might google the case of Dixon v Marchant to understand the difficulties.

Personally I think the decision in this case was wrong and I
would have found for the husband if I'd been trying it.I say that because the wife accepted a lump sum that was much less than
what I'd have expected her to get. But there it is.

The safest advice is always to disclose, because if the Court comes to the view that you made an untrue statement, it can set aside
the order and award costs against you. But I would ld suggest you take legal advice from someone who specialises in family law,
rather than from myself, a retired landlord and tenant
specialist.

LMM

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  • JM2017
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2 years 9 months ago #498944 by JM2017
Replied by JM2017 on topic Re:Definition of \"at present\"
Thanks Mike,

Just to answer some of your points below. I wouldn't be officially cohabiting but just staying some times with my new girlfriend. We have no joint finances or children. I do have 2 kids with my ex who obviously would spend some time at the new house which is why my ex would know about it.

She has her new boyfriend stay at her house all the time whilst the kids are there too so to me that's no different and she ticked the same box?

I ticked the does not intend box in 2015 when the original papers were sent and its just taken an eternity to reach financial settlement.

I still don't understand how long the \"at present\" bit means as circumstances can change as mine have over the last few weeks?

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  • WYSPECIAL
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2 years 9 months ago #498947 by WYSPECIAL
Replied by WYSPECIAL on topic Re:Definition of \"at present\"
So in April when your partner gets a new place where you will take your children will you still have your own place that you call home, get your post sent to, pay council tax at etc? Or will you actually be living at your partners all the time?

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  • JM2017
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2 years 9 months ago #498950 by JM2017
Replied by JM2017 on topic Re:Definition of \"at present\"
My Ex has them during the week, I have them on a weekend. I am currently staying with a friend so that's where I get my post sent to, pay council tax etc. This place is where currently my kids come when I have them on a weekend.

When my partner gets a place I wanted to stay there as much as possible with a view to eventually co-habiting which was why I asked the question about the \"at present\" part of the petition. How long does at present last for?

Also, when I do take the kids to my new partners house if they stay over and my ex makes the accusation that I am officially cohabiting I would be entitled to make the same claim against her as she lives with the kids in the home and her boyfriend stays there all the time but also has his own place where he officially lives, so isn't it the same thing?

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