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Co habit - other partner's finances

  • Born free
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19 Aug 16 #482690 by Born free
Topic started by Born free
Hi, Just moved in with someone else 11 months after splitting up with my ex. No more sofa surfing etc!, I was divorced 17/05/16. Can my ex Wife or her Solicitor, or Court legally ask to see my new Lady's Finances. Surely, this is not law?! I do not use or need her Finances?

:(

  • LittleMrMike
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20 Aug 16 #482721 by LittleMrMike
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I have never been clear about this.

The " theory " is, firstly that the new partner's income and assets cannot be ' attacked ' by an ex-spouse as (s)he is not a party to
the proceedings. (S)he can't be required to pay maintenance and the ex has no claim on his/her assets.

However there is an assumption that the NP will make some contribution to the running expenses of his/her partner's house and, to that extent, it frees up some of the spouse's income to pay a bit more spousal maintenance than might otherwise be the case.

Whether a NP can be required by law to divulge details of his/her income, is not clear. The best view seems to be that, (s)he can't.
But there is a danger that, if (s) does not, the Court may make assumptions.of its own and these just might be more onerous than
would have been ordered if a Court has known the full facts.

LMM

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20 Aug 16 #482722 by wikiliki
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Hi, This is very informative, as it covers part of a post I have done earlier.



Would this also apply to our adult son who lives with me. thanks

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20 Aug 16 #482737 by LittleMrMike
Reply from LittleMrMike
Again, I'm not 100% sure but I suppose that if your son pays what it costs you to accommodate him, it should make no difference either way.

LMM

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21 Aug 16 #482758 by wikiliki
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Thank you , he does contribute to food but wouldn't say is stretches to the bills.

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22 Aug 16 #482800 by Born free
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My new partner has just taken on her 1st Mortgage, in her name, nothing to do with me. My only current association is being on the Council tax register for this address at the moment. As things progress (hopefully) as we have been together since June it is early days. I am worried if the Court asks her for her Financial details, she will be "do I need this, I'M OUT!" This is sooo not fair, the system appears one sided right now. My ex wife now has a boyfriend from Feb and he openly stays over on occasions. She also changed the locks early on after we split, pre Divorce, I know this was all wrong, but I was cool about it all. As long as my children are safe, I do not mind.

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22 Aug 16 #482846 by LittleMrMike
Reply from LittleMrMike
Personally, what I have read about the subject suggests that the
new partner does not have to disclose his/her finances.

Snag is, if (s)he doesn't :

It might look as though she is trying to hide something ; and

there is a possibility that the Court may make its own assumptions,
which might not necessarily be correct.

LMM

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