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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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, I am the respondent in an uncontested unreasonable behaviour

Resolved Question:

Hello, I am the respondent in an uncontested unreasonable behaviour divorce. We expect the decree absolute soon and a financial consent order will be in place. The children from the marriage are grown up and independent. After the decree absolute is complete I would like to move in with my new partner. Can I do so, or are there legal/financial issues ? Thank you.
Submitted: 2 years ago.
Category: Family Law
Expert:  UKfamsol replied 2 years ago.
Hello and thanks for your question.

I need a bit more information to be able to answer:

1.When negotiating the financial/ property agreement that has been reached between you and your wife (and incorporated into the draft consent order that you are both to sign), did the negotiations include the fact that you are shortly to move in with your new partner? Or at least is your wife aware of that fact?

2. On the statement of information (also that you are both to sign) that has to be filed at court with the signed draft consent order, in the section headed New Relationships, have you ticked the box marked "I intend to cohabit"?
Customer: replied 2 years ago.
Hello, thank you for your answer.
My new partner and I will probably take a couple of months after the absolute before moving in together, to get some breathing space.
My wife is aware that I'll be moving in, but the exact timings are vague. On point 2, No I have not ticked that box, because my plans aren't final.
Regards,
Chris
Expert:  UKfamsol replied 2 years ago.
Ok thanks for your reply.

The reason for those questions is because it's relevant to your financial circumstances whether or not you are in the very foreseeable future about to live with someone else, because if you are in a household with 2 incomes rather than in a household with only 1 income, then it could be argued that you have more money for eg spousal maintenance and/or need a smaller share of the assets. When you negotiate a financial settlement that you want the court to approve, and make into a binding legal agreement via a consent order, you are under a duty to provide full and frank financial disclosure, so the fact of an intention to cohabit has to be disclosed. Failure to do so could lead to the order being overturned if your wife found out later.

On the other hand, if your plans are vague, then it's perfectly reasonable for you to tick the box that states "I have no intention at present to marry or enter a civil partnership or cohabit" and as long as your wife knows the situation, and had independent legal advice (or chose not to take it ), then once the decree absolute has been granted AND the court has approved the draft consent order and provided you with a sealed copy, THEN there is no legal or financial risk to you purely because you then choose to move in with your new partner but NB you must wait until AFTER the decree absolute AND AFTER the court has approved the consent order.

Please note that this advice relates only to to risk of challenge associated with moving in with your partner - I'm not in a position to comment about the validity of the draft order overall, since I haven't seen it nor do I have any information about your circumstances, your wife's circumstances or the circumstances of your partner.

I hope this helps and I wish you the best of luck.

Thanks and best wishes...
Customer: replied 2 years ago.
Thank you, ***** ***** helpful.
My plans are genuinely open at present, because I feel that my new partner and I need some time after the divorce in order to take stock. But I do hope that we will be together.
In the draft financial agreement I have tried to be as fair as possible to my spouse, because I don't wish to see her stressed. I have agreed for example that she should remain in the matrimonial home, with my ongoing stake only being 45%; and I have also agreed to personally take on our significant joint credit card debts. I honestly don't wish to see her disadvantaged.
At the same time of course I'd have no legal rights in the new relationship, nor any guarantee that it would last forever. Though I hope that it will, of course.
Best Regards,
Chris
Expert:  UKfamsol replied 2 years ago.
I'm glad you found my answer helpful!

I'd be grateful if you'd kindly now rate and accept my answer so that I can be credited for my time - or the website keeps all!

Thanks again & best wishes...
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