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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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Cohabitation

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23 Sep 12 #357494 by Super I
Topic started by Super I
My girlfriend currently resides with me but is moving out shortly can my ex wife claim more spousal maintenance?

  • LittleMrMike
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24 Sep 12 #357547 by LittleMrMike
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Not impossible. Your girlfriend''s income and assets cannot be taken into account directly, but if she contributes towards household expenses ( as it will be assumed, to some extent, that she will ) then that could reduce his living expenses and make him more vulnerable to a claim for an increase in SM.

But obviously, if she moved out, then you are back to the original level.

LMM

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24 Sep 12 #357555 by Super I
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thanks LMM my situ is quite complicated in that I am about to go to court on Wednesday & my ex has cited my girlfriend living with me hence her moving out - provided I can prove that she has her own place then can the court take into account her earnings? also how long would be it be before she could move back in without the danger of my ex claiming more?

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24 Sep 12 #357585 by LittleMrMike
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I-m afraid I don''t think it''s all that complicated.

I may be wrong but what I think you are contemplating is moving your girlfriend out for a short period, get your maintenance sorted and then move her back.

As I say I may be wrong, but I am just warning you of the possibility that a judge might suspect this and ask you just the same question, or your wife''s advocate probably will, so you''d better have an answer ready.

Sorry, I''m a cynical ****** ( insert whatever word you like ).

As I said, the Court will not take her earnings into account as, such, just the extent to which she contributes to household expenses. She has no direct claim against her income or assets.

In my experience the new partners of the payers of SM scream even louder than the payers about the injustice of it all.

LMM

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24 Sep 12 #357586 by somuch2know2
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I can concur with that Mike. My partner just about had kittens when my ex asked for full disclosure of her earnings etc- and we were not even living together. Why should my girlfriend pay to support me so I can support my ex even more so than i already do. Would it be that crazy of suggestion that she actually work more than 12 hrs?!

My ex constantly stated that with our joint income, she should be entitled to more from me. We never disclosed and constantly stated that my girlfriend was not party to the divorce.

Is your girlfriend on the lease? You can always say that she doesnt live there, but you do have regular slumber parties.

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24 Sep 12 #357602 by LittleMrMike
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Well, for your interest and possible amusement, I recalled a '' murder mystery '' when I was only in short pants, I think, where a wife who was receiving maintenance from her ex had been '' done in ''.
The finger of suspicion naturally fell on the ex, who had of course quite a bit to gain from her death. But the twist was that the culprit turned out to be the ex''s new wife. When arrested, she said to the police, " Do you realise I have to pay 33% of my income to '' that woman '' .
Wrong on both counts, of course.
But there is a problem here, because, from what I have read in my textbooks, it is not at all clear whether the Court has the right to require a new partner to disclose financial information. But on general principle, if the cohabitant''s income is going to be taken into account at all, it is not clear how this can be done, unless the Court has at least some information.
Yes, it could very well be reasonable for you to ask whether it would really be too much to suggest that she works another 4 hours a week and qualify for working tax credit, which would result in a '' lift '' to her income and reduce your liability.
LMM

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24 Sep 12 #357610 by somuch2know2
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From my experience with this, unless the other side want to officially make your current girlfriend party to the divorce- than you can refuse to disclose.

Technically, you are still married and your new relationship is just that, new there is no way of telling if it is going to last as long as the SM order, so seems ridiculous basing one on that

My ex''s requests for disclosure was continually squashed, and from what I hear it is pretty hard to ''prove'' cohabitating.

As for my ex''s 12 hr work week, in the end my SM was based on her working (shock horror) 16 hrs. I can only thank my lucky stars I had a rational judge. And funnily enough- this year she is.

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