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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.

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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MILITARY PENSION ADVICE - WIFE COHABITING

  • Norfolkboy
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11 Sep 12 #355230 by Norfolkboy
Topic started by Norfolkboy
I left my wife in May this year. She is in our house, for which I am still paying the full mortgage (in other words she is not currently contributing to that cost). I am also paying her 50% of my Military pension, which was accrued over 25 years of service. My wife has now met a new partner and is planning to cohabit, though not at this point remarry. My question quite simply (maybe it isn''t simple!) is does her entitlement to 50% of my pension remain if she starts cohabiting. Does that entitlement remain or die if she remarries?

Many thanks,

Norfolkboy

  • TBagpuss
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13 Sep 12 #355653 by TBagpuss
Reply from TBagpuss
your wife still has a claim agaisnt any assets (including the pension) even if she is cohabiting.

The actual finacial settlement she is entitled to may differ - one of the factors which is taken into account is each party''s finacial needs, and if she cohabits, her needs wilkl be smaller, as it is reaonable to assume that her noew partner will be contributing towards outgoings, househild bills etc.

It is usual for any spousal maintenace or pension earmarking to end of the recipient remarries, and it may be reasonable fot this to be suspended if she cohbits. However, if there is a pension sharing order then this would be unaffected by any later remarriage.

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