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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.


advice needed!!

  • A76
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06 Jun 07 #614 by A76
Topic started by A76
My husband and i are getting divorced. we own a house together which he left in november and hasn't paid his part of the mortgage since - it comes out of my account. we used my savings for the deposit and also got a loan out which was all in my name. My new partner is also getting divorced. he has two children. He is renting a flat although he is at mine all of the time because his wife won't let the children stay overnight on his weekends with them. My husband and i have agreed a sum for me to buy him out of the house, but he (and my partner's wife) are being very slow on the divorces, and she is using emotional blackmail with the children.
Please could you give some answers:

1. on form E, my partner has said he has no intention to cohabit, what will happen when we do cohabit in the near future? Would this affect his maintenance?

2. If he moves into my house before the divorces have all gone through, can his wife prevent the kids from staying there?

3. If my new partner and I had a child together, what would happen re his maintenance? How would this affect things financially and re him living in the house?

4. For how long can his wife slow down the divorce?

5. Am I in a strong position with my house because all the money came from me?

thanks.

  • DownButNotOut
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06 Jun 07 #615 by DownButNotOut
Reply from DownButNotOut

1. on form E, my partner has said he has no intention to cohabit, what will happen when we do cohabit in the near future? Would this affect his maintenance?


His wife could apply for a variation to any maintenance order on the grounds that your partner's needs are lower when he co-habits as he has you to share in paying the bills.

2. If he moves into my house before the divorces have all gone through, can his wife prevent the kids from staying there?


In theory - no (as father he has joint parental responsibility), in practice - yes. If she does then he may need to go to court to formalise his contact rights.

3. If my new partner and I had a child together, what would happen re his maintenance? How would this affect things financially and re him living in the house?


You would get a small reduction in the child maintenance payable. You can find out exactly how much using the CSA calculator - see the Top Divorce Sites section on this site (its in the Divorce Resources menu).


4. For how long can his wife slow down the divorce?


Thats a difficult one. If she keeps fighting all the way to a final hearing, and there are a couple of hearings postponed along the way it could take (in worst case) a year or two. Though 6 to 9 months is more common.


5. Am I in a strong position with my house because all the money came from me?


It depends how long you were married, and it depends what you mean by all the money. If you had a 2 year marriage and you paid 50% of house in cash, you may get a good portion of that back. If you have been married 5 years or longer - or if the money you are talking about is that you paid the mortgage, then no - you are not in any stronger a position than he is.

  • A76
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08 Jun 07 #670 by A76
Reply from A76
many thanks for your helpful answer.

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10 Jun 07 #704 by A76
Reply from A76
thanks for all your recent help, this is a really useful site.

  • Princess Fiona
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13 Jun 07 #770 by Princess Fiona
Reply from Princess Fiona
Just an additional point about no intent to cohabit. If subsequently you do start cohabiting within 6 months to a year, it could possibly constitute a 'Barder event' and that would result in the settlement having to be renegotiated in view of the new facts which have come to light.

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