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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.


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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.


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  • shaza07
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20 Dec 07 #9340 by shaza07
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Hi there. I am divorced but still trying to sort out the financial side of things. My ex and myself own a property. I live here with my two children. He hasnt been supporting me at all financially with the mortgage, bills etc. He only pays me £2.50 per week, per child. He wants 40% share of the equity in the house. He says he wants me to pay him £10,000 now and the rest in the future when my youngest child leaves school. He is saying because he knows I have a new partner I should be paying him now and not making him wait. He is going to take me to court and say I am cohabiting and then he hopes the court will force a sale of the property. I am not financially dependent on my new partner, he does stay here but I pay for the mortgage, bills, food, everything. We do not have joint bank accounts or any finances together, basically, just boyfriend and girlfriend relationship.
Does anyone know legally if my ex can take the house from me and how many days is a partner allowed to stay over in my house before they can say we are cohabiting?
My ex hasnt worked for 10 years and therefore I have always supported the family with my earnings. I do not think my ex should expect to be able to force a sale when I have been paying the mortgage and bills for all of these years.Can I use this against him in the courts?

  • Specialdad
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20 Dec 07 #9343 by Specialdad
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Dont worry he is blowing hot air. The court will not allow the forced sale of the house. Get a good sol and ignore your ex till it comes up in court.

  • attilladahun
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20 Dec 07 #9365 by attilladahun
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The Court will tell the lazy beep to get out and work.....

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20 Dec 07 #9366 by attilladahun
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Seriously it doesn't seem like a case the Court would order a sale as the children are a paramount consideration here not your ex's pocket. It seems you cannot raise funds to pay ex any £ at present so if he has a claim the best he will get is a deferred charge so you pay him out in years to come when the youngest child gets to 18

Clearly if you partner moves in to live with you aaaaor remarry and he works the Crt may then make you pay ex out what you can raise.

There is no definition as to cohabitation -the Court uses it own "common sense"-

An important factor here is you ability to raise funds to pay ex or the lack of that ability.

Your partner is only relevant if you have a settled intention of permanent co habitation or remarriage. Going out is not sufficient!!

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21 Dec 07 #9380 by shaza07
Reply from shaza07
thanks for your help. My partner does stay here a lot but he does not contribute anything financially. I think if it goes to court I am going to have to throw everything Ive got at my ex and get the judge on my side. He has not treated the children very well since the split, does nothing with them in the summer holidays etc. so really im the one who has paid everything, done everything for the kids. Just hope the judge is having a good day if we get that far and sees my point of view. From previous correspondence with the solicitors I am sure they said the trigger points for having to pay him his share was if I cohabit for six months continuously. This has not happened so I should be okay.

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23 Dec 07 #9458 by attilladahun
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"From previous correspondence with the solicitors I am sure they said the trigger points for having to pay him his share was if I cohabit for six months continuously. This has not happened so I should be okay"

That is the case as a rule of thumb but NOT to the children's detriment.

If say the co habitee has a very poor paid job or loads of debt I personally do not ever like seeing a trigger event like co habitation unless words are added...."save that in the event there are children still living in the FMH there is written consent of the parties to the sale or order of the Court"

I prefer..death, remarriage or further order of the Court...then the onus is on the ex to justify the sale to the Court.

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