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Can consent order be enforced with minor still in family home?

  • Tilda
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05 Aug 23 #521537 by Tilda
Topic started by Tilda
Hi,

My partner got divorced in 2017 with Consent Order. Ex stayed in the family home with minor children. They have usual financial agreement that she will pay him his percentage of the family home once the youngest child turns 18. However, there is also a line in consent order that says, the payment might be up if she co-habits or remarries. She will be getting married in two years time. The youngest child will be 13 years of age. Could my partner enforce the consent order, even if the youngest child won't not 18 yet, but she will be married at that point?

Thank you all very much for any information!

  • hadenoughnow
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05 Aug 23 #521538 by hadenoughnow
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The precise wording of the order is important here. Cohabitation for more than six months and remarriage are usual triggers for the arrangement to end. Presumably that's because another party will be living at the property and it's not unreasonable for them to pay the costs of doing so.

Hadenoughnow

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06 Aug 23 #521542 by Tilda
Reply from Tilda
Thank you

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