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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.


Ex co-habiting.

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25 Apr 12 #326513 by I Harris
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STBX has been living with another woman for three years and now wants a divorce. Divorce is going through and now on to Ancillary Relief. I am sure that he will move out from living with other woman and claim he is on his own, but move back with her when assets are finalised. Can the Ancillary Relief be changed at any stage if this is the case. It means that he will be living with two wages, while I will only have one? Would appreciate any suggestions or help.

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25 Apr 12 #326514 by cookie2
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He''s been living with her for 3 years. Has he been paying you spousal maintenance all that time?

How do you think it would benefit him to move out and pretend to be single? How do you think it would benefit you from preventing him from doing this?

If it''s a Clean Break then no it can''t be changed. If he is paying SM then you (oe he) can apply for a variation if circumstances change.

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26 Apr 12 #326635 by I Harris
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Many thanks for that. No he has not been paying SM at all, nor did I ask for it. He has been paying a little towards his son and half the mortgage, but I guess that will stop when son is 18. I don''t want to stop him from moving out, nor have I tried to stop the divorce; it is just that he will lie that he is not co-habitating and wants half (or more) of everything, when he IS actually cohabitating (with no children) and therefore he is part of two wages and two Pensions, whereas I still have a son to support through university and a home on one wage!

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26 Apr 12 #326645 by cookie2
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If he is paying half the mortgage then that is effectively spousal maintenance. If he thinks he will get half the house, after moving out for 3 years and you have a dependent child, then he is sorely mistaken. Whether he is cohabiting or lying or not, probably won''t make much difference. If I were you I would get on with it ASAP.

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