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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.


Cohabitation

  • ShiningTor
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08 Jul 12 #341947 by ShiningTor
Topic started by ShiningTor
I think that my stbx is planning to cohabit (or may even be doing so already). We have a case for Ancillary Relief ongoing between, and I know that it could have a bearing on the outcome. Can anyone advise on how I could go about proving this?

Thanks for any advice.

  • LittleMrMike
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08 Jul 12 #341953 by LittleMrMike
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This is not an easy question to answer, I''m afraid.

There is a section in the Form R which requires people to state if they are cohabiting or have any intention to cohabit or re-marry. If that is admitted, it may well have an effect on the outcome.

However, for this reason, many couples will deliberately soft-pedal and keep their relationship very low key until after the financial resolution.

There are some who seem to have turned disguising cohabitation into an art form.

Cohabitation is usually proved, not by a single act, but by a pattern of behaviour which may be spread over a period of time.

Obviously living under the same roof is important, the extent to which the couple share finances, do things together, what their sexual patterns are, are all factors, but the only thing that is usually pretty conclusive is the birth of a child.

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