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My boyfriend is separated from his wife and wants to move in with me: how might this affect his divorce settlement?

My boyfriend is separated from his wife and she will shortly begin divorce proceedings. They have agreed that they will sell their house, splitting the equity equally and he will pay maintenance for their daughter who will live with her mother. We want to live together. If he moves in with me before any divorce or financial settlement, how does this affect things? Can she claim against my assets? Or will he be made to pay more because his cost of living is reduced? Do we have to indicate we're planning to live together in the future if we wait? How do we protect ourselves?

Your assets will not be aggregated to your boyfriend's, however your boyfriend's financial circumstances will have to be considered in the light of any co-habitation, which will be one of the circumstances the Court will have to consider

In some cases co-habitation may mean considerable financial advantage and in other cases minimal advantage, if any.  It is likely your boyfriend and his wife will have everything set out in a Consent Order and your boyfriend will have to indicate on the Statement of Information whether he intends to cohabit in the future.

If you would like to discuss this in confidence with a lawyer at no initial cost, please call Clare Hudson on freephone 0800 066 99 20 who will be happy to help.

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by Conrad Murray last modified 2007-09-12 14:24

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