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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


anyone know

  • markp
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10 Aug 07 #1866 by markp
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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.

  • Sera
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10 Aug 07 #1874 by Sera
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I was told (by a solicitor) that 'Ancillary Relief' (financial settlement) could not be applied for BEFORE the petition to Divorce.

He advised we could 'mediate' a settlement, and have it drawn up prior to the actual divorce, but we could not fill out the Form A (ancillary relief form) until then.

So, if you're NOT divorced (yet) - how can you re-marry?

(Actually, why would you even want to!)?:silly:

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10 Aug 07 #1876 by markp
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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

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10 Aug 07 #1878 by Sera
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There's a similar dilemma (and replies) to

Feel I could lose everything - help by old blue eyes ...also in this financial section. He's already moved on, so read that, it might help.

Someone more knowledgable than me will probably be along to advise later! Good luck

x

  • LittleMrMike
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10 Aug 07 #1885 by LittleMrMike
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Dear Mark,

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.

Bst wishes
Mike 100468

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10 Aug 07 #1889 by Fiona
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