is it worth pursuing lies on Form E?

[Feathered]

Hello, I hope you can help . . .
My husband has put on his form e that he isn't in a relationship and not co-habiting.
I know that he is. 100%.
I think his girlfriend is probably sub-letting a flat in her name, and so it's likely that her name isn't linked to the property she is living in with my stbxhusband.
What do you think??? Do I just let it go? Or is it something I should address.

Where did he say he's living? In your questionnaire you could ask for proof of his address, e.g. tenancy agreement, council tax bill (that would identify if its single occupancy?).

You could also ask in your questionnaire for confirmation that he has no plans to co-habit with (enter girlfriend name) within 6 months.

However if he does maintain a lie, you won't have the opportunity to cross examine him until the Final Hearing.

How does confirming what you already know make a difference for you OP? I think that’s what it comes down to.. would your financial settlement be improved if you could prove it?

At the end of the day a lie is a lie.
Having gone through Form E myself I would find this annoying and concerning in your shoes, as in what else would he be prepared to lie about.
Having said that his partners income will not be taken in to account in financial proceedings.

That's not true though. If you cohabit your partner's income can be taken into account. I've had to provide my earnings for my partner's divorce proceedings because we live together.

Doryanddim - the whole point in the Form E and the First Appointment is to take the best possible steps to ensure each party has made a full and frank disclosure.

OP may know it's a lie but obviously the courts will not. Obtaining further documents through the questionnaire will be evidence you can rely on if it goes through to a final hearing.

If it turns out that he is co-habiting, then his income needs may be reduced. However, from what I understand is very difficult to prove to the court that someone is co-habitating if they are willing to lie about it - I accept that. I also accept that it completely depends on the S25 factors whether it will actually have any real bearing on the case.

The courts don’t seem to care.

My OH’s EW lied throughout Form E - said she wasn’t working and had no income (therefore needed spousal maintenance) and then stood up in court and complained she had had to take a day off work!

The court didn’t seem to care.

I think he will be pushing a case that he needs more for his own living costs, when actually this will be shared. I'm on my own and looking after our three children.

And yes . . . the lying is an issue because of the other lies in the divorce. To be honest, though, I just want this to be over.

He can simply state that his finances are separate to his ‘partners’ and he doesn’t know what they are and it’s difficult to prove

Also his living arrangements might be temporary until divorce and finances are resolved ....

You should concentrate on achieving a fair outcome of the assets you have accrued jointly over the term of your relationship

If you know he's lied then call him out on it. Have you spoken to your solicitor about it? The worry for me would be that when it went to court the judge might award him a higher settlement because they think he is in a worse off position than he really is