Barder event

[tearsofpearl]

Does any of you legally trained posters have any experience of Barder events?

How soon after the order as made does the event have to occur?

To give some background to my question;

Trigger events for paying out equity/stopping spousal maintenance were remarrying or cohabitation

Variation proceedings resulted in voiding the spousal in return for the original 50/50 spilt changed to 100/0

How long after the order would it be seen unreasonable to cohabit?

Wouldn't count as a Barder. It's either failure to disclose intention to cohabit, or not.

Ok, but would there be any chance to get it changed then, should cohabitation/remarriage occur? Even if it’s not classified as a Barder event.

Are you asking out of academic interest, or do you have this happening in your life right now? A little background would help.

Hasn’t happened yet, but that is one possible outcome.

The ex has got a partner who has contributed with ~£70k in total (which was described as loans) since the separation yet they claim they don’t have more than a casual relationship.

The repayment of these loans was also used as an argument as to why all the equity should be signed over.

So, in our minds, if they do indeed move in together or the partner goes on the mortgage, that would have been one of the original trigger events.

You'd have to show on the balance of probabilities that there was an intention to cohabit at the time the order was varied. Was it varied by consent?

Yes, consent.

How could that be shown?

The question was brought up during the proceedings but as I wrote was countered with that they only had a casual relationship and no intention to cohabit. (This was not written explicitly in the order of course)

How could that be shown?

With difficulty. The less time between the variation order and the cohabitation the better.

So, not very likely that it would be possible to change even if the ex moves in with partner in, say 6 months?

I’d say that’s been the intention all along and also that the “debts” to said partner will never be repaid as they will start having a shared economy.

But maybe better to just accept that life is not fair and move on then?

I’d say that’s been the intention all along

Saying it is one thing. Proving it is something entirely different.