Money and divorce consent orders Cohabiting question
Discussion
I am currently fighting with a consent form to finalise a divorce settlement.
The situation is difficult as the ex is keeping the house, but it will be set up in a trust so she can live and pay the mortgage without the need to have it in her sole name due to her work.
I am looking at clauses which would get me out basically and the way it is worded is such that if she re-marries or cohabits, the trust would end. I am asking to add in her parents, who have money, and could easily move in and contribute / clear the mortgage. She says they are covered by the cohabiting clause.
I can't find much on it, but to me it seems cohabit is between couples, not mother / daughter situations. Is this true, or would a clause saying cohabiting include the ex parents in law?
The situation is difficult as the ex is keeping the house, but it will be set up in a trust so she can live and pay the mortgage without the need to have it in her sole name due to her work.
I am looking at clauses which would get me out basically and the way it is worded is such that if she re-marries or cohabits, the trust would end. I am asking to add in her parents, who have money, and could easily move in and contribute / clear the mortgage. She says they are covered by the cohabiting clause.
I can't find much on it, but to me it seems cohabit is between couples, not mother / daughter situations. Is this true, or would a clause saying cohabiting include the ex parents in law?
Do you have a solicitor instructed? I would suggest getting a family lawyer to look over the consent order before agreeing to it if I was you.
In relation to your question, I presume you are entering into an agreement whereby W keeps living in the property and the property is then sold upon one of a number of events taking place.
The 'usual' cohabitation clause does normally relate to cohabitation with a partner and sometimes includes the words 'as man and wife'. If the ambit of that provision is intended to be wider, I would make sure the wording is clear on that matter. If it is unclear, all it will do is open up the possibilty of dispute in the future. Eg mother moves into the property in 5 years time, you say the property should be sold, she says no because co-hab only includes a partner. You both end up back in court arguing about what the provision means.
Make it as clear as you possibly can, for example by saying in the order that it includes parents, or 'cohabitation with any other person' or similar wording, to avoid the possibility of future disagreement. If she agrees that it includes her parents moving in, I don't see why she should have any objection to the wording of the provision reflecting that.
Hope that helps.
In relation to your question, I presume you are entering into an agreement whereby W keeps living in the property and the property is then sold upon one of a number of events taking place.
The 'usual' cohabitation clause does normally relate to cohabitation with a partner and sometimes includes the words 'as man and wife'. If the ambit of that provision is intended to be wider, I would make sure the wording is clear on that matter. If it is unclear, all it will do is open up the possibilty of dispute in the future. Eg mother moves into the property in 5 years time, you say the property should be sold, she says no because co-hab only includes a partner. You both end up back in court arguing about what the provision means.
Make it as clear as you possibly can, for example by saying in the order that it includes parents, or 'cohabitation with any other person' or similar wording, to avoid the possibility of future disagreement. If she agrees that it includes her parents moving in, I don't see why she should have any objection to the wording of the provision reflecting that.
Hope that helps.
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