Is this to do with the divorce? What aspect of the divorce? Can we have the background detail please?
Thank you. This isn’t really my area so I will opt out for another expert.
Hi, thank you for your question. What is the purpose of you attempting to prove his cohabitation in relation to the financial relief proceedings?
Thanks for confirming. Firstly, his assets and finances will not be increased if you prove cohabitation, as you cannot seek any of his partner's assets and you can only seek a share of matrimonial assets as part of financial relief proceedings.
Furthermore, I would not suggest you hire a private investigator as even if you proved cohabitation, hiring a private investigator to follow him may be considered by the court to be a dishonest action. The court will not have made a direction for such action and any evidence you obtain cannot be admitted unless a court direction is made for it to be obtained.
Furthermore, cohabitation is if they were living together as husband and wife and her car parked at his property three times will not prove cohabitation.
Given that you are aware of his high income and possibly other assets, you would be best served to focus on these and to ensure that you have fully outlined what your (and the children's) reasonable needs are in order for the court to make a decision that meets these needs.
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Yes, if he has a partner who is long-term and they cohabit then a court can consider her finances which will likely reduce his needs, but her full financial position will not be investigated by the court as she will not be a party to proceedings.
In relation to the private investigator a court will not grant a direction for this and it will be for your husband to disclose his relationship, and in the event that he does not or he does not tell the truth, he can be questioned about it at a final hearing and a judge will make a decision as to whether he is telling the truth or not. In relation to investigations, a court will want to focus on his finances and assess if he is cohabiting or not when this is examined.
Again, for cohabitation periods, it is difficult to prove only based on her car being parked there and in any event the court will want to see if the relationship will be long-term or not.