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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1006
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I am currently going through divorce and have

Resolved Question:

Hello, I am currently going through divorce and have recently exchanged Financial forms with my ex Wife's Solicitors. They have written to me today requesting a lot more information. Please could you clarify the following... Their first questions relates
to Section 1.9 of the Financial Form E (Cohabitation) - They wrote "The Respondent confirms at section 1.8 of his Form E that he is currently living with a new partner. However, he has not confirmed at Section 1.9 whether he intends to continue living with
his new partner and he is now asked this question in full". My question is do I need to declare this and what bearing could this have on the financials (why would they need to know this??). I look forward to hearing from someone soon regarding this... I have
a few more questions to follow which I will send once I have received this initial response. Many thanks, Mark
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Mark
Welcome to Just Answer
I am a Solicitor and will assist
Please may I ask:
- are you currently in court proceedings or negotiating through Solicitors?
- have you attempted mediation yer?
- how long have you been with your new partner ? How long have you been living together?
Kind Regards
Caroline
Customer: replied 1 year ago.
Hello Caroline, thanks for getting back to me so quickly. In answer to your questions...
No court proceedings. I am currently negotiating with her Solicitors
Yes, we tried mediation but we stopped after 2 sessions
I have been with my new partner since April this year (2015) and moved in with her around the same time
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Mark
Thank you for confirming that for me.
A few more questions:
- any children?
- does your ex have a new partner? Living with?
- is your wife seeking spousal maintenance?
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi Caroline,Yes, I have 1 daughter with my Ex Wife (Daisy - 6yrs old). As far as I am aware my Ex Wife does not have a new partner. I'm unsure if she is seeking spousal maintenance but I assume she might be?
Expert:  ukfamilysolicitor replied 1 year ago.
Hi Mark
Why did mediation break down?
Customer: replied 1 year ago.
Hi Caroline,We started mediation so we could discuss visiting access with my daughter. after the first session we had some agreed actions but unfortunately my Ex Wife did not stick to these in full. One of the issues was regarding when I dropped off and collected my daughter. II asked if we could have a brief but civil conversation so my daughter could see Mummy and Daddy getting on together but she did not want to talk to me. After the second session the mediator said she felt a third session wasn't a good idea at this stage and we both agreed to cease mediation at that point. Thanks Mark
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Mark
Thanks for clarifying that for me.
My apologies for my delay in responding to you.
I was just checking that - as if you could both attend mediation in respect of the financial issues then this wouldn't feel as though you were up against your wife and her solicitor - as solicitors aren't involved in the mediation process and mediation could help assist you both in respect of full disclosure and exchange as well as assisting in negotiation about settlement.
In respect of your original question - you have to be honest in respect of your relationship and co-habitation. This is called the duty of disclosure.
Basically your wife's solicitor is likely to argue that your partner represents a resource to you. Your wife is also likely to argue that she needs a greater share of any matrimonial settlement - if your daughter is to stay with her more of the time. Your wife is likely to argue that your housing needs are currently being met and therefore she should have a larger share. Your ex is also likely to argue that more of your income is freed up so as to be able to pay her spousal maintenance.
Kind Regards
Caroline
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