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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.

 

D81 form ex partner lied on form?

  • MysteryB
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23 Sep 17 #496430 by MysteryB
Topic started by MysteryB
What happens or what can I do if my partner has ticked the below box on the d81 form and then you find out he has lied and is going to cohabit?

I have no intention at preset to remarry/enter into a new civil partnership or cohabit.

Thanks

  • hadenoughnow
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24 Sep 17 #496439 by hadenoughnow
Reply from hadenoughnow
Has the Consent Order been submitted to the courts?

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25 Sep 17 #496449 by MysteryB
Reply from MysteryB
Yes the consent form has been submitted and approved. I've just sent off for my Decree Absolute.

I don't know for sure I am looking into it, but i wanted to know what the consequences would be and if i could take it further and what would happen if i did.

Thank you

  • Luna Shadow
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25 Sep 17 #496455 by Luna Shadow
Reply from Luna Shadow
The general rule in cases of non disclosure or outright lying is to consider whether a different order would have been appropriate if the facts were known before the order or agreement was made.

If so, then an application can be made to set the order aside. This should not be done lightly - and you should certainly take legal advice before attempting it. The normal rule that each party bear their own costs would not apply in these cases, and the 'loser' would bear both parties costs.

Specifically for non disclosure of co-habitation, it's unlikely that this would make any material difference to the outcome as co-habitation can be a transient thing and your ex's relationship could end at any time. If, as you say he only intends to cohabit then it would be next to impossible to prove that this was the case prior to the order as he could argue he changed his mind.

A couple of years ago the supreme court ruled in favour of Gohil and Sharland in cases of non-disclosure and you may wish to read the background to their cases.

www.penningtons.co.uk/news-publications/...-landmark-judgments/

  • Melliemcch
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14 May 20 #512418 by Melliemcch
Reply from Melliemcch
Curious as to if the ex was in a, relationship where the new partner was pregnant before the divorce was started and didn't disclose himself as cohabiting on any forms if this makes a difference?

  • WYSPECIAL
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16 May 20 #512447 by WYSPECIAL
Reply from WYSPECIAL
Is there a reason why you think it would?

You don't need to be cohabiting to get pregnant.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

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