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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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does cohabiting matter?

  • doodles
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27 Jan 08 #12102 by doodles
Topic started by doodles
please can anyone give mo some advice? does the fact that i live with my partner affect the settlement i will recieve? ex2b has gfriend and child living in my matrimonial home. i have my daughter from the marriage with me permanantely and has visited her dad maybe 6 times in 9 months.?? also my eldest daughter aged 17 next month has just moved away to boyfriends parents house, will ex have to pay me less as he states hes giving daighters parents board on her behalf?:unsure:

  • DownButNotOut
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27 Jan 08 #12105 by DownButNotOut
Reply from DownButNotOut
In the vast majority of cases the settlement is based on needs.

Your needs are reduced when you are cohabiting, as you have someone to share the bills/rent.

So - yes - if the court takes the view that your cohabiting relationship is stable, then it could reduce your settlement.

  • WornOut
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28 Jan 08 #12132 by WornOut
Reply from WornOut

I have no dependent children and was in a marriage lasting 31 years. I am cohabiting and asked my solicitor about remarriage, as I had recently made an application for Ancillary Relief; she responded by setting out the court's view of cohabitation and remarriage.

I've summarised it below. Just incase you are unaware; if a person remarries before the finances of their previous marriage have been settled, they cannot MAKE AN APPLICATION for Ancillary Relief; their ex-spouse still can, provided they too have not remarried. Once an application for Ancillary Relief has been made, a person can remarry.

Re-marriage will bar the Court from making an order for your former husband to pay periodical payments to you.

Re-marriage or cohabitation will not bar the Court from making lump sum order, property adjustment order, or a pension sharing order providing, if you have re-married, the application was commenced before re-marriage.

The fact of your re-marriage or cohabitation does not diminish the share of the assets which are rightly yours from the breakdown of your previous marriage.

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[/u]. 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.

I hope this helps, it's a lot to take in, so please ask for clarification if you need it.

  • doodles
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29 Jan 08 #12240 by doodles
Reply from doodles
i dont intend to remarry, once bitten i think, but my partner also pays more out than in , which includes some 300 month for his daughter, who we also have 6 times a fortnight and extras during school hols.

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