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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.

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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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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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Remarriage

  • WornOut
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10 Dec 07 #8723 by WornOut
Topic started by WornOut
Hi everyone

I've just found this site, so apologies if the question I ask has been addressed elsewhere.

My solicitor has just applied for Ancillary Relief because my ex-husband is continuing to obstruct the financial settlement. It's four years since we separated and almost two years since I commenced divorce proceedings.

He appears to be expecting a settlement that I can't afford and, according to my solicitor, which the court wont allow. I say 'appears to be expecting' because he has again failed to meet a deadline, so I am left to assume that he is refusing to accept my final very fair offer.

As my name says - I'm WORN OUT, physically, emotionally and financially and because of all sorts of complications that I wont bore you with, I need to marry my fiance.

My solicitor is out of the office for a few days and I am desperate to know whether I can remarry having filed for AR. I am totally dependent financially on my fiance, so that fact would need to be reflected on form E.

I'd welcome any input on the matter.

  • DownButNotOut
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12 Dec 07 #8910 by DownButNotOut
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Worn out,

As I understand it:

The big trap to avoid is to remarry before you commence Ancillary Relief proceedings as you lose your right to claim once re-married. As your have started AR I think you are OK on this.

A more subtle point is that by remarrying during AR proceedings you are giving the court good reason to think you will now be supported by your new husband....so any claims you had for spousal maintenace etc will likely not succeed.

You should still get your fair share of the assets though.

And you should still get basic child support (if u have kids).

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14 Dec 07 #9011 by WornOut
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Thanks for responding DownButNotOut, I really appreciate it.

Your understanding is the same as mine. The 'remarriage trap' only applies if you have remarried and subsequently find you need to apply for Ancillary Relief. It’s a ‘trap’ because the Matrimonial Causes Act makes it very clear that people who have remarried can't make an application under the Act.

My fiancé lives and works in a country in which I can't get residency - too old to be considered for immigration, so I 'live' with him on a Visitor visa and have to return to the UK as the visa requires. My solicitor has advised that I have to tell the court that I am co-habiting, which I find ironic because, in my fiancé’s country, our relationship is not recognised as 'de facto' for residency purposes as we can't satisfy the 'sharing financial commitments' requirement. We don't share any financial commitments, because the visa prohibits me from doing paid work and my savings have all been spent on airfares and legal fees for the divorce. My fiancé has been supporting me in every sense of the word for the past year, including paying my legal fees, but that doesn't count!

I'm facing yet another return to the UK in the New Year and I had been looking at the cost of airfares to get back here again. Whilst online I had a look at form E and the Guidance Notes on the hmcs website and saw Section 4.6 which says "If you have subsequently married or formed a civil partnership (or intend to) or are living with another person (or intend to), give brief details, so far as they are known to you, of his or her income, assets and liabilities".

The reference to remarriage confused me, because my solicitor has warned me against remarriage, but I concluded that if the question mentioned remarriage then there must be a significant number of remarried people completing form E! I also concluded that there appears to be no difference between being a spouse or a cohabitee – the question is the same, you are asked to supply the financial details that “are known to you”.

It's almost two years since I sat in my solicitor's office for the first time and I have made FIVE returns to the UK during that time. I am gobsmacked that my solicitor hasn't mentioned the subject of remarriage now that the AR application has been made, as she is well aware of my DIRE situation.

I have emailed her and asked directly – I will post her response on here when I get it

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19 Dec 07 #9255 by WornOut
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Here is my solicitor's response as promised; I've broken it up into sections to aid understanding, as there is quite a lot to take in:

"Once your application for ancillary reflief is issued then the consequences of the re-marriage are not so problematic.

Your re-marriage will bar the Court from making an order for Mr X to pay periodical payments to you, but you do not seek such an order in any event.

Your re-marriage will not bar the Court from making lump sum order, property adjustment order, or a pension sharing order, providing the application was commenced before re-marriage.

The fact of your re-marriage does not deminish the share of the assets which are rightly yours from the breakdown of your previous marriage. You should however be aware that the fact that you will be supported by a new partner may lead, by process of elimination, to your former husband's needs assuming a greater prominance.

The Court will wish to have information regarding your new partner's means. Although you are not obliged to provide this information if it is not known to you, the Court may conclude you are not being frank if you fail to provide this information or claim not to know of it.

When deciding whether to re-marry or not, you should also be aware that the Court will in any event look at your co-habitation and also your future marital intentions, although these circumstances are likely to be deemed less certain than re-marriage.

Again your cohabitation and marital intentions should be irrelevant to the share or division of the assets you built up during the marriage.

The Court will not however close its eyes entirely to any improvement in your position pursuant to your co-habitation, and any future intention to marry and ultimately pursuant to re-marriage."

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05 Sep 09 #143967 by Fiona
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Sorry, wrong post. :(

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05 Sep 09 #143970 by Fiona
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  • chormy
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25 Apr 10 #200430 by chormy
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Going the other way, I have remarried before the Consent Order is signed, (we agreed b4 and the order written up now she will not sign because her soilicor wants more again 2nd time after agreeing)
the questionhere is as i have remarried how does this affect my rights to provide for my new wife. The house I have is paid for, I assume I can put my new wife on the ownership. My ex has been given 3 mortgage free properties plus the MH with a 40k mortgage. I two houses with a 68k mortgage.
Also if my assets have now changed due to my new wife effectivly (student) being entitled to have a fair share of the assests at marriage and to be looked after as a wife.

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