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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


What to do?

  • Paul13
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23 Nov 07 #7501 by Paul13
Topic started by Paul13
Just found this site after looking for some info. I wonder if anyone could know where we stand:

Been seeing a woman for about 4 months after meeting her earlier in january this year through a friend. We get on great, get on wel with her mum and dad (which is good cos her dad is a foot taller than me and quite scary :lol:), get on well with her young son. Everything was going ok.

However, on tuesday I met her ex husband for the first time, and since then her solictor has phoned her and and asked about her relationship status. It seems that he is trying to see if he can get away with giving the momey she is entitled to because of me (Cohibiting was mentioned apparently, which is a laugh as in 4 months, I cant have stayed at her plce any more than about 5 nights, and living quite far apart makes it difficult to stay away from her home completely)

Can this have any effect on the divorce settlement? I obviously dont want to have a negative effect on all this, but I am worried as I really am head over heels about her

Sorry for the long post. Hope oneone can shed some light on the situation.

Thank a lot, paul

  • Altafica
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23 Nov 07 #7508 by Altafica
Reply from Altafica
Hi Paul.Im expert, but it seems that the ex, is trying to get away with anything he can, which is usual. Your gf's solicitor should be able to advise her. I would have thought as long as your not living there your ok get legal a.:)dvice

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23 Nov 07 #7523 by Specialdad
Reply from Specialdad
You might have to meet up with her at a lot of hotels till the divorce is settled!!

Seriously you should be ok. The courts dont worry about behaviour for financial settlements. B)

  • Louise11
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23 Nov 07 #7524 by Louise11
Reply from Louise11
Hi Paul

"""""Seriously you should be ok. The courts dont worry about behaviour for financial settlements.""""""


The courts do not look at behaviour where financial settlements are concerned????

The Courts will look at cohabitating, in financial settlements, because it means you have enough money to live on, if you are sharing joint expences ect ect.
In your case cohabiting does not come into it if you do not stay there more than 3 nights a week. (I think its that for claiming certain benefits)

So a long as she says you neither help towards any bills, you dont live with her and you are not financially linked with her in any way, then her ex2b can make as many accusations as he likes. It wont get him anywhere.
He can even hire a private investigator, if what you say is true then you have nothing to worry about. And her solicitor will ask, because hes been told certain information that is obviously not true.

Kind Regards
Louise

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23 Nov 07 #7529 by Specialdad
Reply from Specialdad
Hey Louise keep your pants on!!! I was talking about behaviour not co habitation wasnt I??? Now I am confused.

I definitely remember being told by a sol that the court only wants to knows the assets each party has or doesnt have B)

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23 Nov 07 #7539 by Louise11
Reply from Louise11
Hey Special dad

I ALWAYS keep my pants on!!!!!!!!!!! Thats why my first marriage ended!!!!!!!!!!!

You were refering to behaviour, which has no baring on financial settlements.
Where in Pauls post does his behaviour come into play then? Why do you mention behaviour? There is no behaviour to refer to? Hes talking about cohabitating or not as the case may be.
In divorce law, conduct plays no part in the finances. But does when you want a divorce!
Are you divorced yet special dad? and if not do you have representation? Because a few of your comments have been totally wrong and i wonder where you have got your information from? Some of your posts are deemed out of date and i just wondered if you divorced some years ago?

Kind Regards
Frigid Louise!!!!!!!!!!!!!! (NOT)

Oh and p.s. Conduct and Behaviour can play a part in finances especially were violence is involved

  • attilladahun
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23 Nov 07 #7551 by attilladahun
Reply from attilladahun
All the Court wants to really know is whether the parties have a "settled intention" * of remarriage or permanent co habitation.

You sound as if you have recently started to date ...that is clearly not*.

Sounds like the H is winding W up and attempting to introduce irrelevant issue.

For the record if the W were to have a settled intention the the only real relevance for financial matters would be:

1. If living together H would not pay wife PPO (Periodical Payments of maintenance) or would he pay an extra capital sum to get rid of any theoretical PPO claim she may have

If W are seriously dating and she and boyfriend are careful not to stay overnight and thus co habit good lawyers will advise H to pay PPO and keep careful tabs on her (Enq'y Agents etc)

2. In a case where the issue of whether the FMH should be sold is or may be an issue if one can proove a likely intention to co habit then the new boyfriends house may be a "resource" under s 25 of the Matrimonial Causes Act 1973 the Crt may take into account. e.g. If he has a house or his new g/fnd has a house it would be unfair to kick W and C out of the FMH

In this case and generally just dating really is not a big deal ...the trouble is often an estranged H gets hacked off and it delays a settlement as he wants to wait until the W's relationship moves on and if so he saves some £ as a result!!

Moral for W

Get finances sorted before moving on with relationship:)

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