A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info

What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

Petitioner Denies Cohabitation on Form E?

  • ozzie1
  • ozzie1's Avatar Posted by
  • New Member
  • New Member
09 Feb 11 #250655 by ozzie1
Topic started by ozzie1
Good Morning All, can someone offer advice please?

I am the Respondant and representing myself due to financial circumstances. My wife has filed for divorce on grounds of unreasonable behaviour but the reason the marriage broke down after 20 years was that the Petitioner informed me that she was having an affair, she left the MH and went straight to her partners home where she has resided for nearly 3 years.

But on her form E she is denying any cohabitation and denied that any affair has ever taken place. She states that her partner is her landlord!

I have written evidence that implicates her and supports my case, how should I use that?

How will the judge view her case if she is found out to be committing perjury?

Due in court next week, can anyone help please?

  • TBagpuss
  • TBagpuss's Avatar
  • Platinum Member
  • Platinum Member
09 Feb 11 #250659 by TBagpuss
Reply from TBagpuss
it is notoriously difficult to prove cohabitation.

In preparing your questionnaire you can ask for clarification - if you have proof (such as a leftter or e-mail from her stating that she is in a relationship and is living with her partner) you can raise this in the question, however, before doing so it is worth considering how much difference this is likely to make to the finacial position.

Yours is a long marraige, so the starting point would be an equal split of the assets. If she is seeking more than 50% and is doing so on the basis she claims higher fincial needs or that she is seeking spousal mainteace from you, her cohabitation may be relvent. If she isn't, it is unlikely to be of much relevance so while of course she should be truthful, it is unliekly that a court will spend much time on the issue.

  • maisymoos
  • maisymoos's Avatar
  • Platinum Member
  • Platinum Member
09 Feb 11 #250661 by maisymoos
Reply from maisymoos
Snap our stories are the same. He Moved in with OW and then rushed his Petition through on my unreasonable behaviour, when he knew I was petitioning on grounds of adultery.

E forms have not been exchanged but I am sure he will not admit to cohabiting. When I asked him "he said I may not be with her in a years time". I said "if you feel like that she should not be introduced to our children." He squirmed and said "he did not mean it like that". I said "how did u mean it". He did not reply.

He wants the best of both worlds, but again I am not sure it will be easy to prove, he is still claiming to live in FMH. I look everyday but cannot find him, under beds and even in wardrobes lol:laugh:

  • eyes on horizon
  • eyes on horizon's Avatar
  • Platinum Member
  • Platinum Member
09 Feb 11 #250663 by eyes on horizon
Reply from eyes on horizon
Yes cohabitation is relevant if she is trying for SM or a bigger slice in order to rehouse.

But as Tbag says it depends on what she is asking for whether its worth the courts time to address it.

  • LadySMB
  • LadySMB's Avatar
  • Platinum Member
  • Platinum Member
09 Feb 11 #250781 by LadySMB
Reply from LadySMB
Today I saw my STBX's form E, and same thing...... admits adultry, admits living in her house since Jul 2009, denies co-habitation and that they are in a relationship.

Says he's renting a room from her or £500pcm and paying all bills. She is his landlord (this must be the term used to deny co-habitation in these matters).

They have just bought a 4-bed detached house together for just under £300k. Our son was shown round last week and my STBX explained that they were converting garage into an office for gf. STBX wants our son to meet her and come and stay.

Does this prove an on-going future relationship and co-habitation?

Sorry I've hi-jacked your question and you have my utmost sympathy and support Ozzie.


  • CM*
  • CM*'s Avatar
  • Platinum Member
  • Platinum Member
09 Feb 11 #250786 by CM*
Reply from CM*
Not strictly on topic, but what sort of people are they that they shack up with?

I could in no way fancy someone, who denied their spouse and children what is rightfully theirs. It should warn them about their character.
Then though, they collude in their lies.
I can only think they must be desperate to snare a partner.
One day it will be their turn.

  • LadySMB
  • LadySMB's Avatar
  • Platinum Member
  • Platinum Member
09 Feb 11 #250788 by LadySMB
Reply from LadySMB
CM I really do not know. I'm starting to feel like an alien thats just landed on earth and doesn't know the rules.

My Irish, catholic parentage and upbringing did such a good job on me that I feel like a lamb to the slaughter.

I am every bit the silly cow that my image suggests LOL!!!!

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11