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Consent Order

(11 Posts)
ChocoMunchi Mon 13-Nov-17 12:07:42

Just wondered if anyone has advice. I’m in the final stages of agreeing the details on the consent order however STBXH is requesting that I change my relationship status on the statement of information form.

I have ticked the box to say that I have no intention at present to remarry/enter into a new relationship or cohabit. I am in a new relationship but I have purchased a house in my sole name and intend it to remain this way for the foreseeable future.

It’s still early days in the new relationship and although he currently stays over at weekends he works away M-F so wouldn’t be cohabiting anyway. I’m therefore reluctant to change the status as I’d be saying we are cohabiting or intending to cohabit when that isn’t necessarily true.

However I just want it to be done as I don’t want another reason for STBXH to delay signing the forms. If the order has been agreed by both of us are there any implications to whichever way I fill in this section?

Collaborate Mon 13-Nov-17 15:43:18

Whether you are cohabiting is something important to get right. You say he works away but spends all weekends with you. If he stays in temporary accommodation (say, hotel or hostel) midweek, and then spends all other time with you, arguably you are living together.

Where does all his post go to, and does he spend any nights there?

Shouldn't affect your settlement (unless there's spouse maintenance) as your husband is aware of the situation, presumably.

familylawsolicitor Mon 13-Nov-17 16:32:20

It's your declaration to make and you must sign a statement of truth to say what is correct. If it's a sticking point I'd suggest agreed text in the other information box "the Husband considers the wife is likely to cohabit or is in fact cohabiting; the Wife denies she is cohabiting nor has any intention to cohabit"

Collaborate Mon 13-Nov-17 17:13:28

...although if a court believes later on that there was cohabitation, and that had OP admitted it the husband wouldn't have agreed to the order, it might be set aside. Don't have details of the case to hand but trust me, there is one.

ChocoMunchi Mon 13-Nov-17 18:01:07

It’s the opposite he will agree to the order if I say that I intend to cohabit. Whereas at the moment it could be possible that we may cohabit but my intention is that I have bought the house on my own for me and my children. The mortgage and deeds will all be in my sole name and it is my intention that it will remain this way for the near future. I do not want to be financially dependent on anyone that was part of the problem being trapped in a controlling relationship for so many years. I have no intention of being trapped like that again ever.

He’s not saying if I was cohabiting he then wouldn’t sign. Maybe it would be worthwhile putting something in the additional comments that maybe suitable for both parties.

Collaborate Mon 13-Nov-17 19:06:17

Maybe it would be worthwhile putting something in the additional comments that maybe suitable for both parties.

Achieving consensus is the best way to go here.

WasDoingFine Mon 13-Nov-17 19:14:15

Depends where your stbx is heading with this. In my case, if my stbxh had said him and OW are co-habiting then the court would view their total income as 2 and mine as 1. Therefore l could be intitled to a larger assit percentage

leghoul Mon 13-Nov-17 19:16:50

It will surely be about income. If it's a new relationship and he's there 2 days a week I don't think that would be anything like cohabiting

leghoul Mon 13-Nov-17 19:18:02

If you're cohabiting surely your current partner's income is counted alongside your own and so any financial arrangements would then take that into account

leghoul Mon 13-Nov-17 19:19:06

Which I presume is why he'd be keen for you to be cohabiting? But I genuinely do not see your set up as cohabiting. I think there is a set number of days per week (?3) when it would be but I don't have up to date information on that

ChocoMunchi Mon 13-Nov-17 21:33:42

It’s difficult to predict where he is going with it as he’s often said one thing then totally retracted it and tried to force something else.

STBXH and I have been separated nearly a year, it’s taken this long to get this far. Only been in the new relationship for a few months and obviously don’t want to be made financially dependent on him. Which potentially could happen if all calculations are made on a joint income.

I know my STBXH is also in a new relationship and yet he won’t admit that he is.

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