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Read our latest Financial Settlements guide (2021)

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.

Cohabitation after divorce

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Stuart79
Posted by
New Member

21 Jan 24 #522319 by Stuart79

Topic started by Stuart79

Hi all
my partner is divorced. Within her documents prior to the divorce it stated no cohabitation. She has been divorced six months and we have moved in together.
for some reason her ex spouse seems to think she was unable to cohabitate after the divorce and is claiming what we have done is illegal.
Surely this isn't the case and since the divorce has been finalised she is free to do as she wishes?
thanks

hadenoughnow
Moderator

21 Jan 24 #522321 by hadenoughnow

Reply from hadenoughnow

Once the final order (divorce) is in place either party is free to remarry if they wish.
Constraints on cohabitation may arise from any financial settlement. Check if she has a legally binding order. There are certain circumstances in which remarriage or cohabitation can trigger the end of a financial arrangement in respect of property. Look up Mesher Order aka deferred charge.

Hadenoughnow

Stuart79
Posted by
New Member

22 Jan 24 #522325 by Stuart79

Reply from Stuart79

There is no financial arrangement other than what was received as part of the divorce, which was completed prior to us moving in together.

hadenoughnow
Moderator

22 Jan 24 #522326 by hadenoughnow

Reply from hadenoughnow

The divorce and financial settlement are separate. If she has a financial order setting out how finances are to be dealt with, you need to look at that. If there is a clause about cohabitation it will be in there. If the former matrimonial home was sold and the money divided it is unlikely that there's a Mesher Order.

Hadenoughnow

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