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Cohabitation Pay Less Maintanence

A man called the office asking for some advice. He and his wife had been separated for over 6 months. She was still living in the matrimonial home and he had moved out into a flat. The arrangement was that she would get a job and put the house on the market and they could then split the money and each buys a smaller comfortable home. The split was a mutual one as both parties had had affairs. His wife had made no attempt to market the property and kept making excuses as to why not. He also believes that the wife has moved her boyfriend in and our client was still footing the bills for that house and his own flat.

He wanted us to pose as possible buyers. His plan was to go round and knock on the door and ask if it was for sale. If his wife said no he would know that she had no intention of putting it up for sale. He also wanted proof that her boyfriend was living there and if she had tried to get work. Our client was required to pay maintenance for her while she was out of work and pay for the upkeep of the house.

We completed a six hour session of surveillance in which we followed her from the home to see if she was making any effort to sell the house and get a job. During the session the boyfriend let himself in the front door with a key and he parked his car on the drive. Our client’s wife went to the hairdressers and then did some shopping. She passed some estate agents but did not go in any of them. On the instruction of our client we completed two more six hour sessions and noted again that the boyfriend entered the house again by himself using a key.

Our client went to see his solicitor with the film footage and the reports. His solicitor confirmed that he could divorce her on the grounds of adultery and that because her boyfriend was in paid employment and must be contributing to the house hold they should be able to force the sale of the house and reduce the amount of maintenance our client was paying.

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