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.

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

Ex Cohabiting

  • DannyH
  • DannyH's Avatar Posted by
  • New Member
  • New Member
26 Feb 08 #15052 by DannyH
Topic started by DannyH
Me divorced last year... ex wife met new bloke in Nov and I believe them to be cohabiting of sorts - dont know how many nights per week etc etc.

When and how do I go back to the courts to reduce (or zero) her spousal maintenance, and what proof do I need.

Also what would be the best approach to pursue?

  • ariesgirl63
  • ariesgirl63's Avatar
  • Premium Member
  • Premium Member
26 Feb 08 #15055 by ariesgirl63
Reply from ariesgirl63
Hi DannyH,

My understanding is that your ex would need to be co-habiting for a minimum period of 6 months before a Court would even consider a variance. Do you have a Consent Order or other financial order that sets out the terms of SM? Proving cohabitation is another matter. Electoral registers can be used but its probably too soon for that to be of any use. You need to establish the basis on which your ex's partner is cohabiting before you look to take this any further with the Courts otherwise she will just deny everything and the matter will be thrown out and you will have wasted your money. I have even read of some people hiring a Private Detective to get evidence. Good Luck Aries x

  • loobyloo
  • loobyloo's Avatar
  • Visitor
  • Visitor
26 Feb 08 #15061 by loobyloo
Reply from loobyloo
Hi Danny
Well this is what was said to me and my x2b at fdr (which has however gone to FH)
My x2b accused me of cohabiting..never again would I share a home with a Man!!!!
The Judge said i should be paid sm until I remarried or was PROVEN to be cohabiting. or died
It will depend on what the judges orders where as they vary
hope of help.....and good luck..the judge did add that it is very hard to prove cohabitation status

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11