Re:PLEASE HELP - wording of letter

New to the forum so I'm just hoping I've posted this in the right area.
My Aunty went through a diffcult divorce many years ago (12 I think).

Even though her ex commited adultry several times and mentally and physically reduced her to a very weak person, the outcome was a divorce with Court Order stating he'd be entitled to 20% of the house if she cohabited, remarried died etc.

She is still paying for those court costs to this day - home owners loan.

A year and a half ago she started a courtship. And it remains very much a 'dating' type of affair.

They go on holiday ocassionally together but she pays her way.

However, her Ex's relationship has failed and he needs to find cash to pay out on his current home.

So he has now threatened to take my Aunt to court stating he has it from a thrid party that she is cohabiting and that if it goes to court and the judge decides that she is cohabiting then she will be liable for her ex's court costs since he is entitled to legal aid.

Although she initially sought legal advice - she cant afford to run up any legal costs - low income and works every hour to cover her previous courts costs/and general bills. She is also unwell herself with MS but WILL NOT claim any benefit - she prides herself on independent living.

She has asked me to write her a letter back to his solicitor - which I'm happy to do - but really need some advice on the wording of. She's panicked and is already contemplating getting into more debt just to pay him off - however, there is absolutley no way that she is cohabiting. She may have stayed at her 'friends' house 7 times in the whole time they have dated -He has never stayed at hers. I think their relationship is ­base­d purely on days out, and cooking for each other; walks into town etc - like a companionship more so. But even if they have sex (which I'm not going to ask if she does by the way (TMI)surely she can't be penalised again financially for finally finding the confidence in a man to spend her spare time (which she has very little since she works to cover her bills). She has not had a relationship since her divorce and therefore I think if I can help her I will. She deserves a bit of happiness after years of abuse from a 'monster' that it would seem is coming back to try to cripple her financially. Any advice on things to cover in a letter in response to the letter would be greatly received. She has to respond quick though. Thank you in advance.

Start by reading the court order the wording is very important.

Usually the order will say if she cohabits for six months or more it will trigger the 20% payment, this is obviously not the case here.

less is more with a reply like this, so keep it short, so your Aunt is not cohabiting and lives alone and intends to stay that way, don`t give them any more information than that.

Its for them to prove this lady is living with a man, she isn't so thay can`t.

If it does go to court then you Aunt would simply explain she has a friend who she enjoys taking day trips with.

Thanks for that Dukey

The court order ACTUALLY states Cohabiting in excess of twelve months and then says 'living as man and wife'!

I replied keeping it brief but this won't be then end of it. I may come back here for some additional help. I sometimes think the law look after the bad ones and overlook the good ones.

jenko

It sounds like he has not got a leg to stand on ...

Although he may persist, Dukey's advice is very sound ... keep it short and to the point and just keep repeating the facts. Don't get drawn into any debate ... and don't let this ruin your Aunt's happiness (again). It sounds like she has a very good arrangement going - well done her!

Hadenoughnow

I have never read an order that states living as man and wife? i do know same sex cohabitation rarely counts, anyway if you do need some help stick with Wiki.