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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.

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can you legally still live with spouce?

  • abaillie
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06 Sep 07 #2941 by abaillie
Topic started by abaillie
My spouse and I have recently made decison to split, an amicable seperation. We both want to live in same house while it is being sold. This is particulalry important for our children.

However, I think you have to live apart for 6 months before being able to apply for divorce on grounds of unreasonable behaviour.

Does anyone know if this is true?

  • mike62
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06 Sep 07 #2943 by mike62
Reply from mike62
My understanding from our mediation sol is that as long as you are living separately (Separate eating, sleeping, laundry arrangements), albeit under the same roof, then you are legally separated. I don't now whether you have to wait six months to go for UB though - I'm sure another member will advise on that. Best of luck with it - it's not easy - been doing it 8 months myself.

Take care


  • abaillie
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06 Sep 07 #2944 by abaillie
Reply from abaillie
Thanks this was really helpful. A

  • gone1
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06 Sep 07 #2945 by gone1
Reply from gone1
I agree with Mike. But seperation is what you make it to be. Same with the 6 month thing. UB is normaly ongoing and 6 month thing normaly relates to adultary.

So if you are seperating and you are both nice and friendly then you can make the seperation from when you want. Same with UB if you want to use that. The courts dont realy care. As long as the i's have dots on them and the inks dry you get your divorce.

In my case the UB never was and I lived there for 11 months. It was hell and possible the worst 11 months of my life. Good luck. Chris

  • JLGsDad
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06 Sep 07 #2947 by JLGsDad
Reply from JLGsDad
Glad to see it is all amicable for you.

For some fathers like myself, it is imperative to live in the same house until divorce from whatever cause, UB included. As soon as Dad moves out he loses just about all leverage and will be seen in the eyes of the court (no doubt reminded by the wife's solicitor) to have abandoned the family and he will be treated accordingly.

As for UB, separation has nothing to do with it other than emphasising that the marriage has broken down.
I'm divorcing on UB whilst living together fully except for separate bedrooms. As Chris says, it's hell, but I have to do it for my kids' sake.

  • LittleMrMike
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06 Sep 07 #2953 by LittleMrMike
Reply from LittleMrMike
The fact that the parties have lived together for a period or periods not exceeding six months in total from the last incident of UB relied on must be disregarded ( s 3 Matrimonial Causes Act 1973 ). This provision is there to encourage the couple to attempt a reconciliation without prejudicing their position if it fails.

If the parties continue to live together after six months it becomes progressively harder for the petitioner to argue that (s)he could not reasonably be expected to live with the respondent.

Mike 100468

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