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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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Defacto Relationships

  • scopendo
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13 May 07 #233 by scopendo
Topic started by scopendo
It is my understanding that in the UK if it is determined that spousal maintenance must be paid, that this arrangement becomes void if the person receiving the spousal maintenance re-marries.

From what I understand, spousal maintenance must still be paid though if the recipient enters into a defacto relationship. Is that correct?

If so, I can't understand how this can be deemed to be fair, especially given that defacto relationships seem to have equal grounding as marriages when it comes to separation rights.

For background information, my wife has left and is in a relationship with another woman. They are buying a house together, in which they will live. It is my understanding that they are paying 50% each with my wife planning to use the money anticipated from our property settlement. We have three children, who live with us both on alternate weeks, I pay all costs for the children (she earns about £7500 per year).

Thanks

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15 May 07 #246 by wikivorce team
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You correctly state that re-marriage of the recipient of spousal maintenance immediately terminates that SM arrangement.

However co-habitation (if proven) can also be used as grounds to apply for the SM to be varied to a lower amount or zero.

If you can show that you wife's outgoings are significantly lower than they were anticipated to be at the time that the agreement was signed (due to the financial contribution made by her partner to bills/mortgage etc) then you would have a case to vary SM.

Be aware that if you apply for a variation in SM the result can be lower payments (but can also be higher) and that she will likely try to paint a picture that shows she still has high needs/outgoings.

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18 Mar 08 #17139 by kolical
Reply from kolical
Hi,

this is a very interesting post, I am currently trying to establish if co-habiting in a de-facto relationship is grounds to vary SM and would be interested to know how this progressed.

Was there any resolution, was a variation order sought e.g.?

My solicitor insisted I did not go down the road of a clause in the SM stating "until remarried or co-habiting" and advised to just leave as "until re-married". This was on the basis that my ex would simply shift her new partner in and out of residence if that was the restriction clause. They advised that if I could prove co-habitation when it occured then a judge would view this as marriage (I guess they meant "de-facto relationship", but now they are withdrawing from this position and I could use knowing if you were successful.

Thanks

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24 Mar 08 #17569 by chrisjoy
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Can anyone please tell me what evidence is required to prove co-habitation?

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