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Cohabitation Reduces Maintenance Payment (7 June 2010)
Date: 07/06/2010
A man who was ordered to pay his wife £125,000 in maintenance has been successful in obtaining the agreement of the court to recalculate the payment after a private detective produced evidence that his ex-wife had set up house with another man, with whom she had a child.
The Court of Appeal concluded that the High Court judge, Mr Justice Singer, had erred when reaching his original decision. He had ‘erroneously assessed the evidence and misapplied the authorities’ in failing to investigate whether or not the ex-wife’s new partner was making a financial contribution to the household.
The question of the amount of maintenance has now been remitted back to the court for reconsideration.
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