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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.

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A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

Notice to show cause

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AliceLondon24
Posted by
New Member

26 Apr 24 - 26 Apr 24 #522944 by AliceLondon24

Topic started by AliceLondon24

My husband and I had agreed on a financial settlement which was in my favour due to significant differences in our earnings. I stated on the D81 that I may cohabit due to a new relationship and he has now withdrawn the offer and is claiming that my new relationship is long term and serious, so hence the settlement was agreed to on bad faith and is void. None of this is true.

My solicitors have threatened to apply for a Notice to Show Cause as the financial agreement had been discussed in open solicitor correspondence. Apparently he has evidence to prove my relationship is long term and serious (and he has listed about 15 - 20 occasions when I was out for the evening as well as stating he has proof of my "location" to show that I was with my new partner). Even though my relationship is new, and I wasn't with my new partner on many of the dates he's referencing, I am worried about the apparent evidence he may have and how the court would see this. It's been unbareable being at home with him so I have gone out a lot more to escape him. Worth noting, my new partner has been a friend for sometime and I'm worried this may be used against me because I won't be able to easily demonstrate when our romantic relationship started.

My question is therefore, if the Notice to Show Cause application is submitted from my side, who has to prove who wrong if it goes to court? Is the burden of proof on him to evidence that I have been in a long term relationship? Or do I have to prove that I haven't been? Also, can the court request access to my phone, text or email records?

Last edit: 26 Apr 24 by AliceLondon24.

hadenoughnow
Moderator

27 Apr 24 #522955 by hadenoughnow

Reply from hadenoughnow

Are you actually cohabiting? If yes how long have you been in a settled relationship?

You're allowed to have a new relationship. Cohabitation doesn't secure your future housing etc.You shouldn't have to rely on a new partner when there are assets of the marriage that could/should meet your needs.

Unless the agreement is unfair or based on fraudulent disclosure I would have thought a Notice to Show Cause is the right approach. He will have to pay costs if it is successful.

Hadenoughnow

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