First Appointment questionnaire

I am the respondent in the divorce, we have not been able to reach a financial agreement so I have applied for a Financial Order and we have a First Appointment next month. My wife has stated in her form E that she does not live with a new partner and does not intend to co-habit. I strongly suspect that this is not entirely truthful because I know that she has a long-standing boyfriend who has moved some of his posessions into the matrimonial house and very often stays overnight. In my questionnaire am I allowed to ask her if she has a boyfriend, when the relationship began and if it is a sexual one?

I think that may be a little too much information!

You can ask how many nights he stays, whether he is contributing to the household bills and whether he is paying council tax.
Cohabitation is a difficult one to prove and she may be holding back until you sort out the finances.

You can also ask what her intentions are for the future.

You could drive past a few times to see if his car is there.

If she is cohabiting is it going to make any difference to the outcome of financial proceedings?

I have the same problem so have asked in my questionaire.

Does stbx has a partner?

Does stbx help partner financially, if so how?

Does partner help stbx financially, if so how?

How many nights does stbx stay at partners residence?

How many nights does partner stay at stbx residence?

Do the nights they spend with each other change during holiday periods?

Thing is I know stbx does not live at residence at all, but their employer pays for theirresidence, so they use it as a postal address to stop me thinking they live elsewhere.

Hi PleaseLetMeGo2013,

Cohabitation is extremely difficult to prove and a contentious issue between many divorcing couples. On the updated Form E there are specific questions relating to cohabitation, some litigants are truthful, many are not.

With due respect to LC, and I understand the emotions involved in the questions on her questionnaire, the judge is unlikely to want to pursue detailed questions such as these.

Cohabitation might or might not have much influence on the final outcome in financial remedies. When writing a questionnaire, it is better to carefully choose your battles. By being concise, keeping issues to the facts, setting it out as bullet points, double spaced, will be more productive.

If a stbx has denied cohabitation on their Form E, they are unlikely to admit it on questioning, unless there is a child born to the relationship and even then may say "its over".

Please do not feel I am being unkind, my ex denied cohabitation so I fully understand the urge to prove what they are doing. I also know how drawn out court proceedings can be, the emotional effect on the family and how assets can be eaten up in lengthy legal bills.

If you feel unable not to include it on your questionnaire, keep it to one short sentence, " I believe (name) is in a long term relationship and intends to cohabit".

Save your energy for what is most important, security for you and your children''s happiness.

Very best wishes,

NWTT.