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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.


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Relationships after seperation?

  • Julieanne
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02 Mar 08 #15528 by Julieanne
Topic started by Julieanne
Hi All,
I am pretty naive in all this.Am 49 years old and married for 24 years,been together 26.My husband had an affair and decided he wanted a seperation.I can only prove he slept with her a month after he moved out.It could have happened before but I have no proof.
Anyhow,if I start a new relationship 8 months after we are seperated and end up sleeping together does that then count as adultery on my part? I know the laws are strange.What does the law say on this?

  • scottishlady
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02 Mar 08 #15530 by scottishlady
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Hi Julieanne..

I'm not 100% positive on this.... but, I'm sure I read a while back that up until the point of the actual divorce, if one or other of the parties has a physical relationship with a new partner.. it can still be classed as 'adultery'.... although, what the implications might be, I'm not at all sure....

  • rainy
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04 Mar 08 #15704 by rainy
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Hi

I would just like to say I read something like this to.

Rainy

  • BRM
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04 Mar 08 #15708 by BRM
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Hi rainy, it is still classed as adultery but in the divorce process it doesn't really mean anything.

  • rikki15
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04 Mar 08 #15718 by rikki15
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Interesting question Julieanne,
My wife now tells me she slept with 3 men within 3 months of us seperating!
Personally i dont consider it adultery as we had already seperated.
As BRM already said in divorce proceedings sex after seperation means very little

  • LittleMrMike
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04 Mar 08 #15741 by LittleMrMike
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Julieann,

I don't think ordinary common or garden adultery is likely to have any effect on the financial settlement following the House of Lords decision in the Miller case.

Sometimes, however, it can cause complications because inevitably the other side asks whether you intend to marry or cohabit.

There was a case not all that long ago when the husband was a high earner and the wife declared on her form E that she didn't intend to marry or cohabit. She then accepted a lump sum of £125K in satisfaction of her claim for spousal maintenance and then re-married 8 months after saying she didn't intend to. The Court of Appeal ( not unanimously ) refused to upset annul this arrangement.

Be very careful though, about re-marriage before you've disposed of the finances on the previous marriage. Your rights could easily be affected if you are not careful,

Mike

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