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  • Nellie,the,elephant
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03 May 19 #507426 by Nellie,the,elephant
Topic started by Nellie,the,elephant
Having a girly night chat and a good question was raised.
If the Decree Absolute is given and the divorce finalised, is there a period of time (in law) that a new partner has to give before moving into the FMH?

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04 May 19 #507428 by WYSPECIAL
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No. Some people move in with new partners before the divorce. Some never divorce.

Or are you referring to the financial application and that you put you had no intention to re-marry or cohabit in your financial disclosure?

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04 May 19 #507429 by Nellie,the,elephant
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Both really I suppose but now you mention it, how does it affect the financial side of it if you had said no you had no intention to re-marry or cohabit?
Surely, once the absolute is granted it doesn't matter as long as the financial side of it has been agreed with the absolute?

One friend had her ex put in that she couldn't move a new partner into the FMH or stay overnight for more than 3 nights a week, really???

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04 May 19 #507430 by WYSPECIAL
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Nellie,the,elephant wrote:

Both really I suppose but now you mention it, how does it affect the financial side of it if you had said no you had no intention to re-marry or cohabit?
Surely, once the absolute is granted it doesn't matter as long as the financial side of it has been agreed with the absolute?


Having a new partner/spouse may affect the financial split so if you said you had no intentions when you filled in your financial disclosure then remarried or moved somebody in it could possibly be questioned that you had the intention all along. It could make a difference if someone had a big lump sum in lieu of SM. Obviously the SM would have ended on remarriage but the lump sum won't be repayable.

I think there was a case though a few years ago where a long term recipient of SM had the lump sum capitalised. At the time they had been in a new relationship but did not live together and put on their form that they had no intention of remarrying. Very soon afterwards they did remarry but when the ex husband appealed the ex wife explained to the court that at the time she genuinely had no intention of remarrying. It was a spur of the moment "lifes too short" decision after a health scare and the court accepted that.

One friend had her ex put in that she couldn't move a new partner into the FMH or stay overnight for more than 3 nights a week, really???


Presumably her ex still has a financial interest in the FMH and what you are referring to is one of the trigger points whereby what she owes him becomes repayable?

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04 May 19 #507433 by Nellie,the,elephant
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Thank you WYSPECIAL. Certainly food for thought. I'll pass on what you said to the girls.:lol:

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