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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.


Advice needed

  • markjsb
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30 Jun 12 #340030 by markjsb
Topic started by markjsb
Hi

I''m male, been married for 17 years (2 children) and separated 8 months ago. I met someone else 5 months ago and she fell pregnant.

I''m being asked by estranged wife''s solicitors to confirm that new partner is pregnant.

Do I have to answer this? What is the ramification?

Do I even have to confirm I have a partner?

Would I be in a stronger position having to support another child?

I want to do what is right by my children, but can''t help feeling that this is a loaded question.

Many thanks for help

  • dukey
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30 Jun 12 #340032 by dukey
Reply from dukey
Honesty is always the best policy, your responsibility will be to your first family when it comes to asset division.

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30 Jun 12 #340139 by cookie2
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If your lover is pregnant then that opens you up to an adultery Petition. That makes no difference to the asset split of the divorce, but it does invite a costs claim that would be virtually impossible to defend. If I were you then, if a divorce is not already in progress, I would file one quick smart.

Yes having another child in your new household will reduce the child maintenance you pay for the first 2 - not by a huge amount.

  • markjsb
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01 Jul 12 #340266 by markjsb
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Thanks for the help, what does a cost claim mean?

I didn''t start this relationship until a few months after the split. We split for other reasons.

Thanks for help.

  • SilverFir
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01 Jul 12 #340269 by SilverFir
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It doesn''t matter that you didn''t start the relationship till after separation, you did start it while still married. Therefore it counts as adultery and so, by confirming your partner is now pregnant, you are admitting to that adultery.

Generally if someone petitions on the grounds of adultery and claims the costs of raising that divorce from the respondent, they are successful.

So the suggestion is that you act first, Petition your Ex on the grounds of unreasonable behaviour. That way you might be able to avoid costs or at least agree to split them.

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01 Jul 12 #340280 by cookie2
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The costs claim mean you have to pay her costs, this could be anything from £385 up to about £2000 depending how expensive her solicitor is.

  • markjsb
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01 Jul 12 #340326 by markjsb
Reply from markjsb
Thanks for the advice!

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