I'm after some advice. I have my Decree Nisi but I haven't applied for Absolute as the financials have not been agreed. We are negotiating our way towards agreement as neither of us want to go to court.
My ex2b is now cohabitating in the FMH with the man she had the affair with and they have admitted this has been going on for the last 6 months. This was stated in her sol's latest letter to my sol and as 6 months is now up, I have now finished paying SM.
One clause that her sol has put in is that nominal maintenance (of £1.00 per annum) should continue for 12 months after SM stops "in case her new relationship fails" and then I have to start paying SM again.
I feel this is really unfair (she is 44 and a responsible adult)and I am interested if anyone else has heard of this and any opinions you have on the subject
My understanding is that there is no hard and fast rule about this. SM definitely ends on remarriage but there is some variation with co-habitation. For example it is possible for SM to be continued to be paid if someone co-habits with an unwaged new partner or for the order to be worded in such a way a further order has to be sought. For a higher earner agreeing nominal SM for a period of 12 months in case the new relationship fails might be the lesser of all evils.
Generally not unreasonable but what you could do is respond by offering a 2 year term order ....if the relationship still exists the SM finishes in 2 years unless she applies to extend before the 2 yrs -if still together she won't succeed