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Clare, Solicitor
Category: UK Law
Satisfied Customers: 34272
Experience:  family solictor with 25 years experience
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I have always been able to access my wifes email account as

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I have always been able to access my wifes email account as she gave me the password ***** long time ago. we are going through a divorce and she is living partly with her new partner and partly in the family home. I can prove that her relationship with her new partner is significant but I do not know whether I am allowed to use certain documents in court? I.e. I know that she has already booked a holiday with her partner for next May (7 months from now) as I saw the e-ticket in her email account. I also know that her partner is now insured on her car as I saw the renewal letter which was delivered to my address.
Can I use this information to support my claim that her relationship is substantial and stable

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

On what basis do you feel you need to prove this?

Customer: replied 1 year ago.
Because she has said that she is not cohabiting and has no intention to cohabit! Over the past 560 days she has spent 295 nights staying at her partner's house in the Uk and 95 days staying with him abroad! He has significantly greater net worth than I do and has no dependents whereas I look after and pay for all bills and for my children including school fees! So as things stand she already has a higher standard of living than I do however she is still looking for additional financial support from me! If I can prove that her relationship is stable and substantial and that they would both like it to continue after our divorce then I hope that the courts will accept either reduced or no settlement from me

She is seeking spouse maintenance?

Customer: replied 1 year ago.

The Insurance letter was not on the email?

Customer: replied 1 year ago.
No it was in the post this morning

How far have the financial proceedings reached

Customer: replied 1 year ago.
We have second FDR hearing on 7th November

What offers have been made?

Customer: replied 1 year ago.
No offers have been made at all yet! I have virtually no equity in the house, a mountain of debt and no savings! Her lawyer does not believe me and is egging her on to go for the jugular! Not fair I say when she is swaning around with this new man pretending for 80 % of the time that she doesn't have children!
Customer: replied 1 year ago.
I guess the irony in this is that in her friends words "she has done what the man usually does" I.e. It was her who had the affairs, it was her who left the family home (although she pretends she still lives here) and it is me who predominantly looks after the children! I am admittedly the higher earner but she now contributes nothing to the family finances!

What other evidence do you have of their ongoing relationship?

What income do you each have?

Customer: replied 1 year ago.
The relationship is not in dispute it is only that she pretends it is a lot less serious than it is! Which is why I am asking if I can use information that I have seen on her email account and from a letter addressed to her! She could argue that I have not right to see this information and as such it is inadmissible! I.e. The original question

As to whether they are admissible the fact that she gave you the email password ***** ***** but on balance it is unlikely that the Court will see this as a reasonable action to take and accordingly no I do not think they would be allowed.

However that does not mean that you cannot use the information

You can say that you understand xxxxc is the case - can she provided evidence that he is NOT and never has been on her car insurance etc etc

The problem is that even if they were admissible neither of them are conclusive evidence of an intention to cohabit although as you say they are indicative.

I hope that this is of assistance - please ask if you need further details

Clare and other UK Law Specialists are ready to help you