My ex has a partner living with her. She is going to say that he is only living there 3 days a week on her form E. She will also say that he is not contributing to the household. I know he is becuase all his money goes to her. I have smart search printout that says he is on the electoral register there. Is this enough proof? Do I need a private detective to take pictures of his car parked outside? How else can I prove that he is living full time there? Cheers, ChrisM
When the exchange of information on form E is done, and both parties are in receipt of each others declaration, you are both able to raise questions regarding the content in the Form E of which you do not agree.
I would therefore suggest that if the new partner is not declared as cohabiting with her/him that your solicitor lists this as opening question in the Statement of Issues following receipt of the completed form E.
It could go along the lines.... the respondent/applicant states that she/he is not cohabiting, please state when the current period of cohabitation came to an end. Clearly the parties have been cohabiting since..... as detailed on the electoral register dated.... and the applicant/respondent is aware that .....vehicle is parked at......on a permanent basis.
The electoral register sounds good enough proof to me and by asking the question of cohabitation it puts doubt in the mind of the judge. You could also request that the NP provides proof of not cohabiting, thereby placing the onus on them to prove that NP lives elsewhere. I assume NP does not have own home or other address?
I doubt that any judge would believe that someone lives only 3 days per week with a NP, unless there was good enough reason for them not to, ie: serving in forces etc, it just sounds unrealistic.
Forget a private detective, when this happened to us...i.e...my NP ex wife denied her partner was living with them...we informed the legal aid board that they were cohabiting, we gave them proof of a joint loan and various other things, but they said it "it wasnt enough"! They also said they have evidence in the form of videos from private investigators that show 24hrs a day, 7 days a week of couples cohabitating and still its not enough, if two people deny living together there really is little you can do to proove that they are"! So dont waste your money on trying to proove this.
You have good enough evidence in the form of electoral role document! Also when the issues are raised from her form E, you may be pleasantly suprised with the questions you can raise from this.
In our case his ex made many mistakes and it just goes to show how you can slip up if you dont tell the truth! We finally got proof from her THREE!!! (she was ordered by a Judge 3 times to submit a PROPER!! form E as each one she did was a joke!) form Es she submitted and she has now had her legal aid revoked, yesterday i looked at land registry site and low and behold the Legal Aid board have put a charge on her property to recover the money she fraudentely claimed.
I know it is very frustrating when they lie and try and cheat but you have got to be patient, they usually drop themselves in it.
As for Dockleys post i totally agree and you should put this information in your questions that arise from her form E.