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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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Nominal maintenance after cohabitation

  • Monitor441
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04 Jan 08 #9962 by Monitor441
Topic started by Monitor441
I'm after some advice. I have my Decree Nisi but I haven't applied for Absolute as the financials have not been agreed. We are negotiating our way towards agreement as neither of us want to go to court.

My ex2b is now cohabitating in the FMH with the man she had the affair with and they have admitted this has been going on for the last 6 months. This was stated in her sol's latest letter to my sol and as 6 months is now up, I have now finished paying SM.

One clause that her sol has put in is that nominal maintenance (of £1.00 per annum) should continue for 12 months after SM stops "in case her new relationship fails" and then I have to start paying SM again.

I feel this is really unfair (she is 44 and a responsible adult)and I am interested if anyone else has heard of this and any opinions you have on the subject

Thanks for reading

Mon

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04 Jan 08 #9965 by soulmanuk
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what happens if if does fail, does that mean she can claim off both of you. if it does fail surely that is not your responsibility. but the law is silly

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04 Jan 08 #9969 by Specialdad
Reply from Specialdad
Monitor its a common thing put in Consent Orders especially if there are children involved. you dont have to accept the £1.00 nominal clause.

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05 Jan 08 #9993 by Fiona
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Monitor,

My understanding is that there is no hard and fast rule about this. SM definitely ends on remarriage but there is some variation with co-habitation. For example it is possible for SM to be continued to be paid if someone co-habits with an unwaged new partner or for the order to be worded in such a way a further order has to be sought. For a higher earner agreeing nominal SM for a period of 12 months in case the new relationship fails might be the lesser of all evils.

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05 Jan 08 #9995 by attilladahun
Reply from attilladahun
Generally not unreasonable but what you could do is respond by offering a 2 year term order ....if the relationship still exists the SM finishes in 2 years unless she applies to extend before the 2 yrs -if still together she won't succeed

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