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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?

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ancillary relief and co-habitation

  • plumber
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05 Feb 08 #12923 by plumber
Topic started by plumber
I have been divorced absolute for 3 years but have not yet finalised the financial aspects. We are using a mediator to prepare an agreement.

I have been courting for 2 years and would like to make this more permanent by co-habiting and then marriage.

If my ex agrees to write in the agreement that the 6 month period for co-habitation has expired, can this be reversed if I move in with my girlfriend?

  • Josh2008
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06 Feb 08 #13016 by Josh2008
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Provided you have reached agreement, why not state that it is your intention to co-habit.

That way you are covered

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06 Feb 08 #13045 by plumber
Reply from plumber
Thanks Josh. We have a meeting with the mediator tomorrow. I will post the response.

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07 Feb 08 #13096 by WornOut
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Hi Plumber
I got my DA in May 2007 and the finances are still being settled. I'm a bit further on than you - actually cohabiting and about to get married.

My solicitor's view of the situation is that cohabitation or remarriage does not prevent you from getting your fair share of the assets that were built up during the marriage.

BUT, the court will require a certain amount of information about your partner's finances and could take the view that you are in a much better position because you are with that person; an extreme example would be if your partner/new wife owns two houses, a yacht and a Rolls Royce and your ex is living on her own, in a rented flat and earning the minimum wage. I think it would be reasonable to assume that under these circumstances, you may well end up paying spousal maintenance.

I was advised that 'cohabiting' is a less certain position to be in than 'remarried', because the Court doesn't assume that you will eventually marry that person. With the scenario I outlined above, if you were married to the lady with the yacht, the court would likely assume you have the benefit of her lifestyle for the forseeable future.

You may or not be aware that if you remarry you CANNOT apply for Ancillary Relief, but your ex-wife still can, provided she has not also remarried. If you can't come to an agreement about the division of assets, you may well have no option but to apply for AR.

Don't be lulled into a false sense of security with regard to a settlement your ex can change her mind right up to the moment the Consent Order is stamped. I've been messed around for the past two years, my ex would accept and then he'd change his mind. I eventually filed for AR in December '07, then my ex decided to settle then, just as my solicitor had written up the Consent Order, my ex withdrew his agreement and decided he would see me in court.

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12 Feb 08 #13708 by plumber
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Outcome of meeting with mediator was to decide on pension sharing or pension attachment through our PFA and for x to " have a word with a family solicitor" as she was a bit glazed over by the options. The mediator provided a choice of 3 solicitors that she knows will act in a "reasonable manner". All resting with these outside advisers at the moment. A time scale has been set for a month hence to put the house on the market and for x to investigate shared ownership as age and limited capital will make it impossible for her to buy on her own.

My own options will be a joint mortgage with new partner, or if that all falls through, a mud hut in Mozambique.

Plumber

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13 Aug 08 #39910 by maude
Reply from maude
hello

I have a similar question. we are going to court to sort out the finances of my partners divorce. We are selling my flat and want to get a mortgage together and buy a house so we can start a family. I don't see why everything has to be put on hold because his ex won't pull her finger out and complete the relevant paperwork. We have lodged our form E with the court. she has already missed one deadline to submit hers months later. Will us buying a house affect their divorce settlement if he has already declared he will want to buy a place in his form e and she already cohabits in rented accomodation with her new partner. Help!!

M xxx

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