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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

 

Co-habitation-significance of waiting 6 months?

  • Ebonee67
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04 Nov 15 #469031 by Ebonee67
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I have my final hearing in 2 weeks finally after nearly 2 years of divorce proceedings.
I have repeatedly been told by my solicitor that if I have no definite plans to co-habit within the preceeding 6 months then I purely answer no to this question.
But can anyone advise of the implications should this change after the Consent Order is drawn up? and within the next 6 months?

  • sulkypants
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04 Nov 15 #469033 by sulkypants
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Well that might depend upon the content of your consent order, is there a cohabitation clause included in it for example, yes it certainly would have an impact if it states not to cohabit.

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04 Nov 15 #469034 by Ebonee67
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Please expand sulkypants? Or point me to a link?

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04 Nov 15 #469036 by LittleMrMike
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The risk that you run is that a Court could draw an inference that you made an untrue statement. You''ll have noticed there has been some recent case law on the subject.

Of course, it is perfectly possible that you answered no, and that the statement was perfectly true at the time you made it.

But there are many litigants, of either sex, who will be less than truthful about these issues. If you can google a case called Dixon v Marchant, you will see the kind of problems it can cause.

My advice is, just tell the truth. If during the next six months, you meet a beauty queen who sweeps you off your feet, try and keep your emotions in check for a time. That might not be bad advice anyway.

LMM

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04 Nov 15 #469037 by Ebonee67
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Thanks LMM I will look at that case.
Don''t worry I''ll keep my emotions in check should I be so lucky as to meet the man of my dreams!
As a footnote though when does the 6 months run from? Date of Consent order or Decree Absolute?

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04 Nov 15 #469038 by sulkypants
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I will endevour to do so if you can give me an idea of the content of your consent order, especially housing issues or spousal maintenance which woukd be the main issues surrounding cohabitation.

I also think the fact your solicitor asking you several times that you wont cohabit means your ex has concerns over this and wont agree to it unless there is a clause written in to prevent it.

If you do have plans to cohabit, whatever you plan to keep, for example the family home would have to be sold if you do not comply with the consent order, if tgerevis a no cohab clause included in it.0.

In saying that cohabitation clauses are not all the same some say 6 months some say 12.....and sorry if this is a bit long cohabitation can be hard to prove there are numerous questions on here about proving cohabitation.

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04 Nov 15 #469040 by Ebonee67
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Knew I meant to ask something else! Does it make any difference if I wont be getting spousal maintenance?

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