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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.


Household bills on separation

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20 Apr 12 #325220 by guyfawkes
Topic started by guyfawkes
My wife left me after we had a serious problem and stayed with a female friend. She had said that we would stay together. She returned to announce that she had lied, wanted a divorce and that I should leave the marital home (jointly owned) there and then. When I refused she threatened me with an occupation order and eviction.
Reluctantly I left and am staying with friends.

As I can no longer live in the house I suggested to her in an email that she should take over council tax, utilities, phone, internet etc. AFIK she has taken no action over these. Am I within my rights
to ask her to pay? Would I be within my rights after a reasonable time (one month?)to cancel the ongoing direct debits all payable from my personal bank account? All help and comments welcome. TIA.
Guy

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20 Apr 12 #325234 by cookie2
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guyfawkes wrote:

When I refused she threatened me with an occupation order and eviction.
Reluctantly I left and am staying with friends.

Big mistake. She cannot get an occupation order simply because she wants one. There needs to be grounds for example domestic violence.

Am I within my rights
to ask her to pay? Would I be within my rights after a reasonable time (one month?)to cancel the ongoing direct debits all payable from my personal bank account?

Well firstly if at all possible, you should move back in. She has no right to exclude you from the marital house. You have as much right to live there as she does. It seems as though it''s not long since you moved out so you should get back in as soon as possible. The longer you leave it, the more her right to privacy will overrule your right of entry.

But if that is not possible, then the bills are not so simple as what is your "right". You are jointly and severally responsible for paying the bills which means that you both are responsible for paying 100% of them. If you were to cancel the DD''s and she did not pay them, then the council and other companies could chase up EITHER of you for the whole amount, at their choice. Often they will chase the occupier of the house since it is easier, but if she does not have the means to pay (eg. no job) then it would be pointless chasing her, so they will chase you. Oh and both of your credit ratings would be mud by this stage.

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20 Apr 12 #325255 by guyfawkes
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"Big mistake. She cannot get an occupation order simply because she wants one. There needs to be grounds for example domestic violence"

About three years ago she actually assaulted me during a row. I defended myself by grabbing her arms
and pushing her away onto a bed. She left and went to stay with a family member. Ever since the version accepted by the family generally is that I assaulted her! She may have used this as a pretext for an occupation order.

Thanks for you other comments by the way...

I welcome further input from others

Guy

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20 Apr 12 #325256 by cookie2
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It''s pretty unlikely she will get an occupation order based on one event 3 years ago.

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