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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-Habiting during divorce settlement...help!

  • JanZDev
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11 Apr 12 #323127 by JanZDev
Topic started by JanZDev
Hello all... I am after a bit of advice.. My partner is going through a messy divorce. I have recently moved into the family home. We have just received a letter from her husbands solicitor asking for details of my income and assets. I have my own home with my ex-partner and still pay half of the bills. I do not contribute to my new partners home - as I cannot afford to pay both. I have nothing left at the end of each month at the moment. Will her ex-husband still be able to take my wages and any assets I have into account when the settlement goes before a judge? Any help would be great... :)

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12 Apr 12 #323184 by happyagain
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Your income and assets are nothing to do with the other side unless you marry before the finances are decided. I think the other side may have had more of a claim to this info if your partner had moved in with you, but she has not. The only thing they can legally question at this point is the extent of your contributions to the household.
Only a judge can order this info to be made available, and even then it would just be your income and not your assets. I do think this would be unlikely though. Simply reply stating that you are not prepared to divulge this info and you maintain separate finances to your partner.
During my husband''s divorce from his ex, I did disclose my income just to speed matters along (they were already divorced by this point, it dragged on for some time!) but ultimately it made no difference to her share of the assets. What did matter, and the may affect you eventually, was that he moved in with me and so his housing needs were met. This meant he was able to offer his ex a mesher deal, where he will not see a penny of the equity until his youngest is 18

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12 Apr 12 #323207 by cookie2
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JanZDev wrote:

Will her ex-husband still be able to take my wages and any assets I have into account when the settlement goes before a judge?

Yes. He will not be able to "get" any of your income, but he may not have to pay her so much spousal maintenance, or may expect a larger share of the assets, due to your cohabitation. For example many Mesher orders will have a trigger clause of cohabitation, which obviously you would have already triggered.

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