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Cohabiting

  • newlife
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18 Jan 08 #11047 by newlife
Topic started by newlife
I have been separated almost 2 years and am currently awaiting a final hearing.

I was petitioned (much to my disgust as we'd agreed to wait 2 years for a 'no blame' divorce)on grounds of UB. We went to court and have somehow managed to avoid the FDR process (Barrister was happy but I'm not sure why?)but it is unlikely we will agree anything before the final hearing.

I have formed a new relationship recently and am considering cohabiting later this year but I believe from what I have heard that this consideration should be kept to myself until after the whole process is ended (i.e. absolute sorted etc). Am I being paranoid in thinking this is best and to do otherwise (eg let my considerations be known to my children/spouse)would lead to us having to start the process again?

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18 Jan 08 #11048 by Josh2008
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Cohabiting can affect the financial outcome.

Fact is that an additional resource is there.

You need to disclose it on the Consent Order, if you don't and it's found out later, then the original order can be overruled.

Even if it is only an intention to cohabit, it must be disclosed

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18 Jan 08 #11050 by newlife
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Yes, I realise that but the form E asked if there was an intention to cohabit within 6 months which at that time there was not. Even now it is only a consideration as opposed to an intention. My question is that if it becomes an intention and I have not 'lied' on my form E as it is an intention that occured AFTER this was submitted, are we 'sent back to Go' in terms of having to start again? If so, I will obviously keep it as a consideration (as it is for most of us) until I know we a finished the process.

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18 Jan 08 #11053 by Josh2008
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Bit of a grey area.

When the divorce and finances go through and you more or less immediately cohabit, ex could look at it and say that the intention must have been there.

It is very costly to get a Consent Order overruled, some suggesting £3k to £6k, so it really depends on the ex's finances in pursuing an overruling.

If you have complied with the statement in form E, that it is not your intention to cohabit within six months, and you cohabit after that period, can't see how there can be any come back...

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