I am trying to establish if anyone has gone through the stages of establishing a breach of a Consent Order which has been signed by both parties in their divorce?
Within the financial agreement of the divorce my ex has the house but it was agreed that should my ex cohabit for more than 12 months they would need to look to buy me out of the house, where I am still named on the mortgage. I believe that I have sufficient evidence to prove my ex has been cohabiting for more than 12 months, even though they have not said the new partner has moved in.
I was just wondering whether anyone would be able to give me some advice with regards to what forms need to be completed? I am planning on writing to my ex with a detailed letter for settlement as per the agreement within the signed Consent Order and if reasonable settlements are not forthcoming, I will have no option but to issue Court proceedings.
Proving cohabitation is not straightforward. Staying over for a few nights a week won't cut it but staying over all week is still not indicative of cohabitation if that party is registered at another address.
Have you checked the electoral roll at all? You might turn something up although it is possible to choose not to have your name listed for public searches.
Writing to your ex in the first instance asking for proposals for implementing the order in light of the cohabitation would be a good start. You might be surprised at the response.
Thank you Charles for your input. What about letters being sent to the address. I am not talking about just junk mail, I am talking about wage slips. Surely this is sufficient information in order to prove loving at the address.
I will have to check out who is registered at the address.