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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.

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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.


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Children of the family question

  • QPRanger
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11 Jul 12 #342582 by QPRanger
Topic started by QPRanger
Hello

Can anyone advise me on the following please?

My STBX has two children: one is 21 years old and the other will be 18 years old this month and has been in full-time education (NVQ). However my STBX admitted under oath at the Final Hearing that her child''s course becomes part-time from next term and her child will be getting a part-time job.

Would the judge have taken any obligations to house the younger child into consideration when making his ruling, based on the above information?

Many thanks.

  • Fiona
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11 Jul 12 #342587 by Fiona
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Possibly if the child is dependent. Judges have discretion and although children under 18 are the priority children over 18 in education or training aren''t irrelevant.

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11 Jul 12 #342589 by QPRanger
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Thanks Fiona. If my STBX and her eldest child are working then it would appear that the 18 year old cannot be classed as dependent?

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11 Jul 12 #342591 by Fiona
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What I meant was the 18 year old is financially dependent because they are attending college part time so they don''t earn enough to support themselves. If your wife is supporting the "child" the child is an obligation and that is one of the factors under s25 Matrimonial Causes Act 1973 that the court must consider.

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11 Jul 12 #342592 by QPRanger
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Ah I see. The judge has ruled that my STBX can stay in the FMH indefinitely but I am to stay on the joint mortgage indefinitely unless the mortgage company agree to her taking over on her own (they won''t). Just struggling to find out why on earth he would do this instead of forcing a sale with both of us starting afresh again....

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11 Jul 12 #342596 by hadenoughnow
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Is there much equity in the property? Are you to have a share at any point? What did you get from the settlement?

The issue here is there is a child of the family to be housed at least in the short term. The most cost effective housing option may well be for stbx to stay put. Was it her home before marriage? How long was marriage?

The judge has no power to order her to remove you from mortgage. Only the lender can do that. Many wikis have to stay on the mortgage of properties they have no interest in. One option could have been a deferred order for sale ie sell in five years f she cannot take on mortgage herself.

Whether or not this would be appropriate would depend on the financial facts of the case.

Hadenoughnow

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12 Jul 12 #342741 by QPRanger
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Hi hadenoughnow: thanks for the reply.

Once the mortgage and a second charge are paid off there may be a small amount of equity. No mention of me getting a share of this. I appear to have got nothing from the settlement.

We bought the house together 6 years ago, married for 7 years. I put in all the deposit, and paid all of the monthly outgoings until we split up.

Unfortunately the mortgage is 5 months in arrears and repossession proceedings have commenced.

There is nothing in the court order to say the judge''s decision is based on the child in education.

There seems no logic involved in the decision.

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