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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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Cohabitation does it effect ancillary relief?

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06 Feb 08 #13021 by BRM
Topic started by BRM
Hi, I'm hoping some who's been through the same as me can offer any advice. My wife asked me to leave the family home (via a solictors letter). I did move out and the Decree Nisi was granted on 3rd April 07. Her partner moved in on 4th April 07. I know this as our two children still live with their Mum. She is due to give birth to their child this week. Does her partners salary make a difference to the split of the home ect?

Thanks in Advance
Stewart

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06 Feb 08 #13024 by Josh2008
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Cohabitation can and does affect the split of assets in 'ancillary relief'

The 'trick' is being able to prove it, should the other party deny cohabitating.

Basically from a courts point of view, the cohabiting party has or may have other income resources available to enable them to 'live life as before' and sometimes better

This leaves the none-cohabiting partner at a risk of providing funds needlessly.

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06 Feb 08 #13025 by BVG
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I can only speak from my experiences over my divorce and chatting to my xwife's partner's wife (Mrs D). He left her and the 3 children to move into to my house with my xwife. Mrs D obviously claimed for the children via the CSA. Plenty on this subject on the forum. Mrs D had to hire a solicitor to start a divorce on the grounds of adultery and also start ancillary relief procedure. The outcome will be decided at the Final Hearing due soon. This is, according to Mrs D's solictor, the possible final outcome. Mrs D. could buy out Mr D's share of the house at today prices and this is likely to be about £40,000 on a £185,000 house or live in until the children at 16. At this point the house would have to be sold and a division of the sale price agreed. At tomorrow's prices who know but a guestimate would be £125,000 to Mr D.
This is a very simplistic answer and many other factors may sway the outcome. Hope this helps

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06 Feb 08 #13035 by BRM
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Thanks for the information. Fortunately my wife's solicitor has already confirmed by letter that they live together and will marry as soon as she's divorced so I won't have to prove the cohabitation. My problem is she & her solictor are saying that it should still be a 70%, 30% split in her favour. While I'm saying it should be 50/50 as he can mortgage against his salary to pay me as he's living in the house that I paid for for 16 years. All I took from the 16 years was an old car & my clothes.

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06 Feb 08 #13040 by BVG
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Have either of you started ancillary relief? Once started you have first hearing after you have filled in a form E. (Both if you). This form is where you bare your soul and give all your details of bank accounts, savings,interest, earning, cohabitation, pensions and partners income. But much better if you can a agree a split on house. I am currently going through all this but there are no children involved.

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07 Feb 08 #13094 by BRM
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We've only started ancillary relief through solicitors at the moment but as my wife is refusing to give her partners details since May I may have to do the court thing.

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07 Feb 08 #13097 by WornOut
Reply from WornOut
Hi Stewart

Please read my post to Plumber's question regarding AR and cohabitation in this section of the Forum

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