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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33947
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Good morning, my partner has completed a "Statement of informatio

Resolved Question:

Good morning, my partner has completed a "Statement of information for a consent order in relation to a financial remedy", and answered honestly that she has no intention at present to remarry, enter a civil partnership or cohabit; and this has been submitted to the court. This was signed and dated 5 weeks ago. In the last 2 weeks, my circumstances have changed significantly, and we are now exploring the possibility of co-habiting. Should the court be informed of the change in circumstances which are retrospective, could this be considered contempt, or; as the form was completed in good faith at the time, should we just proceed with our plans? Any advice would be gratefully received.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What was the percentage division of the assets between your partner and her ex?
Clare
Customer: replied 2 years ago.

Hi Clare, 75% in her favour.

Tony

Customer: replied 2 years ago.

Hi Clare, it is 75% in her favour.

Regards, Tony

Expert:  Clare replied 2 years ago.
Hi
What was the extent of the assets - and are there any children involved?
Clare
Customer: replied 2 years ago.

Hi,

There are no dependent children. There is one family home, and no other shared assets. My partner has to buy a new home, her ex lives in a property in which he has one third share, has a further property that he has a third share in - both mortgaged, and a holiday home in negative equity.

Regards.

Expert:  Clare replied 2 years ago.
Hi
How much are the assets worth?
Clare
Customer: replied 2 years ago.

Hi,

My partners £102,000, her ex = £166,000.

Regards

Expert:  Clare replied 2 years ago.
Hi
I am sorry - I thought you said your partner came out with more that her ex?
How long had they lived together?
Clare
Customer: replied 2 years ago.

Hi,

My apologies for the confusion. The statement of information is based on her exes share of the properties he owns, and 50% of the FMH. My partners assets are based on 50% of the FMH with no other assets. The proposal of the split 75% to 25% in her favour is based on the fact that his assets are greater and has somewhere to live. I have not increased the value of her assets at this time because they have been presented to the court pending the Judge's decision.

Regards.

Expert:  Clare replied 2 years ago.
Hi
Thank you
How long were they living together?
Clare
Customer: replied 2 years ago.

Hi,

They lived together for 12 years, and have now been separated for 10 years. The divorce will be finalised once the settlement has been agreed.

Regards

Expert:  Clare replied 2 years ago.
Hi
May I ask how your circumstances have changed (highlights not details please)
Clare
Customer: replied 2 years ago.

Hi,

I have been committed to staying in an entirely different area, and in a few months time I will no longer have that commitment. It is very difficult to explain without giving details. Is this sufficient?

Regards.

Expert:  Clare replied 2 years ago.
Hi
For clarity - has the order actually been sealed by the court yet?
Clare
Customer: replied 2 years ago.

Hi,

No, it has been submitted and pending approval.

Expert:  Clare replied 2 years ago.
Hi
Then your partner MUST notify her ex and the court that the answer to the question is no longer no as otherwise it could give her ex the right to challenge the Consent Order.
Having said that from what you have said the fact should NOT actually change the outcome at all since the settlement is already weighted in her ex's favour, but it is better NOT to run the risk.
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33947
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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