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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am in the middle of a fairly bitter divorce. We are close

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I am in the middle of a fairly bitter divorce. We are close to reaching a financial agreement and my ex-wife will be staying in the marital home. I am currently living in a bedroom in a shared house and paying the mortgage in lieu of child support, which comes to about £200 extra over what has been agreed in child support. I am also having to service the lions share of her business debts because they were taken out in my name. She is currently in a relationship with another man. It is agreed that she will sell the house when the youngest child finishes full time education. The sticking point is that she will not, on the advice of her solicitor, agree to a clause where the house should be sold if she remarries or cohabits for a period of six months. This leaves me in a position where she could move in her new partner, share the running costs of the house, rent out his home and use the proceeds as they see fit and there is nothing I could do about it. Is this legally acceptable, is there precedent and is this something I should think about accepting as court appears to be the only alternative?

Hi, thank you for your question. It is usual to include a clause such as that in consent orders where you are providing spousal maintenance and if the matter pursued to court (ie. outside of an agreed settlement), the court will agree that such a clause is reasonable. In any case, if her financial position improves then you can apply to court to stop paying maintenance or to pay a reduced amount. You should attempt not to accept this as this is the usual accepted clause by the courts.

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