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Variation with Cohabitation

  • Crashball
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13 Jun 12 #336477 by Crashball
Topic started by Crashball
Hi
has anyone got any experience of applying for a variation when the ex starts to cohabit?

I have a combined joint lives order for £1000pm, ( £600 child, £400 spousal).

The child element finishes in 5 years when our daughter reaches 18.

The spousal element ceases on death or remarriage.

The boyfriend moved in within 6 months of the divorce & Consent Order, 5 yrs ago.

They have now also bought a second house in joint names which they use as a holday home & also rent out.

Do I have a case to get the spousal lelement written off ?

  • NoWhereToTurnl
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13 Jun 12 #336482 by NoWhereToTurnl
Reply from NoWhereToTurnl
Hello Crashball13,

From what you have put, your order does not include "cohabitation with another man for a period in excess of 6 months". If this is not in the order it might be difficult to have SM written off but you might get variation. You need to weigh up the cost and risk of applying for variation as it can go up as well as down.

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26 Jun 12 #339244 by Crashball
Reply from Crashball
thanks.

I''ve been advised that I stand a good chance of getting a variation, but it does seem a very grey area.

I am really struggling to find any information on the effect of cohabitation on maintenance orders in the light of grey v grey.

I would have thought that if an ex finds new parner, who is more than able to support her, then the spousal element should be written off ?

However, it does seem that there is a risk of coming across a judge that still lives in the 50''s & views women as poor defenceless beings that are incapable of supporting themselves.

  • Fiona
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26 Jun 12 #339248 by Fiona
Reply from Fiona
Co-habiting is a change in circumstance that can justify a variation. A court might not terminate the payments altogether, just in case the new relationship doesn''t work out and your ex and the children are left suffering undue hardship.

However, payments may be reduced to a nominal amount until the children reach independence and the term varied to end then too because your ex''s new relationship is settled.

A solicitor with knowledge and experience of how local courts view matters is in the best position to advise.

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