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So ill set the seen as quickly as possible.
fully divorced - i applied for the Absolute as the ex couldn't be bothered to follow this through. Im in the family home and get the kids a fairly healthy 3 weekends out of 4 (Friday to Sunday Tea time) and for their tea Tues and Thursday Ordered by a CAFCASS section 7 report But the kids are down to live with mother. We are at the last knockings re finances she wants 51k up top including a pension payout. Ive offered 35k payment and a 10k Pension share. Family home about 80k in Equity and ive paid her share of the Mortgage for over 3.5 years. We sill owe 100k on mortgage.
now the sticking bit. Shes been living with my ex mate for nigh on 3 years. (some mate, i went to the Ashes winter 2013, came back and he'd got his claws in) He has his own house round the corner. so is circumnavigating Cohabitation. Letters to his home car registered there etc. but basically its just a front. So much so her parents live in his house when there are in the county!! (home in Spain). otherwise it lays dormant. Now she is playing the single mom and whats my pants down financially to get on the housing ladder. recons she is looking to move out of renting and buy on her own! She insists she is not cohabiting and is responsible for all bills!! cause she is but i bet has access to his bank acct with another of his cards.
However, the golden piece of evidence lies in the section 7 Cafcass report of May 2015 ordered by the magistrates. the opening page "Mrs x currently cohabits with Mr AHole a former friend of the Dad She never contested that line. Surely that's enough to confirm she is? So looks like she will be taking me to court. we are about 5/6k apart so that in its self is pathetic on her part to instruct proceedings but hayho. So What do i do? i feel the CAFCASS report is null n void if some information is acted on ie the Childrens time table but not who they live with? IE the Cohabitation information line. I cannot afford anymore legal fees so will represent myself. My brief is a bit wet and really carnt be bothered as not enough money in the case. As anyone challenged a Cafcass report? i just need some advice really as im at my wits end
You might be able to quote the Cafcass report if you are going to court regarding the final agreement. Hopefully that would be enough to shed some light on the matter and discredit her claims of single parenthood at least!
It's marginal I would say, I'm not sure a court would definitely accept that as evidence, it would depend on the judge on the day. Is it worth considering seeing if yuo can meet in the middle if you are 5/6k apart from agreement? Although it won't cost you in legal fees, in a way it's a gamble which way a court will go, so a compromise might save you losing out.
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