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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.


Can I use this reason in Divorce proceedings?

  • ayeayecapn
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23 Sep 12 #357491 by ayeayecapn
Topic started by ayeayecapn
Hello,

Looking at the reasons for divorce and having taken advice elsewhere on the forums it looks like Unreasonable Behaviour is my way forward.

However.....

Under the ''2 year separation by consent'' reason I wondered whether there was any flexibility/interpretation?

Namely, W&H have lived together but not as a married couple for that time? Since some ''big'' arguments over 2 years ago W&H have slept in separate rooms with no intimacy.

Wondered whether W&H could consent with one another that this was an agreed route and whether courts would accept it?

All help gratefully received, thank you.

  • Tets
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23 Sep 12 #357498 by Tets
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You can use 2 years separation even though you have lived under the same roof. During the 2 years you must not have lived together as husband and wife, you must not have shared domestic tasks, eaten together, cooked for one another or shared a bed.

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23 Sep 12 #357507 by ayeayecapn
Reply from ayeayecapn
I love this site. Thank you.

So helpful.

  • Serendipity100
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24 Sep 12 #357552 by Serendipity100
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OP, as Tets said, you will need to ensure there is no indication of marital life - do not even do his washing, or cook.... you do not say if there are children of the marriage, but if you and STBX are in agreement, I would suggest that 2 years sep is best basis, as opposed to UB which can be unpleasant for Resp to read and may cause animosity, esp if he is still living in same MH. Is there a formal Sep Agreement? Probably not. This can hold sway with the courts, though if your STBX is in full agreement, and you both just want to get a divorce, use 2 year sep grounds. But as Tets said, this does need to be based on complete seperation of marital life whilst living under same roof. You will need to post again re the financial side using S25 criteria.
Suggest you read up on here re previous posts. Hope this helps

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