i've read on a web site that if you remarry before you apply to start the financial settlement you lose out. i was wondering if this is also effected by living with a new partner as well. my wife lives with her new partner but as yet is only asking to start with all the settlement proceduresand has not started any of the paper work, will this effect what she gets. i am looking after our son and she does not seem to want him to live with her but just wants contact on her terms without regard to his wishes. she is living in a 1 bedroom flat with her new partner.
the situation describe on the web was if you divorce and remarry and then try to sort out the financial
settlement so i was asking if the same thing applied if she started to live with somebody before she started the financial side of the divorce
It is most unwise to get divorced without sorting out the finances before the divorce takes effect.
There is, of course, nothing to prevent you from discussing the matter before a petition and if you can come to an agreement then you can apply to the Court for the terms of your agreement to be incorporated in a formal Court order. If you can achieve this it is easily the least stressful and least expensive method of resolving the finances and I wish more people would do it.
There is of course nothing to stop one spouse cohabiting while (s)he is still legally married, but that can affect the position in a number of different ways, all of which likely to be in your favour !
(a) For a start it gives you grounds for divorce, if you didn't have them already !
(b) Secondly, it means that your wife's living expenses are reduced because she is sharing them with her NP, and that will reduce any claims she may have for spousal maintenance.
(c) Thirdly it means that she has solved her housing problem so the Court only has to consider yours.
But in your case, the fact that you are looking after your son strengthens your position a great deal and you will very probably be allowed to live in the FMH till your son is 18. I have commented on that in the topic that Sera has referred to and I don't need to repeat myself.