A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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.

What is a Consent Order and why do we need one?

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


Do you need help going to court over a Financial Settlement?

Our consultant service offers expert advice and support for people who are going to court over a fair financial settlement, for less than a quarter of the cost of using a traditional high street solicitor.


FDR outcome. General views appreciated.

  • trolleydolly
  • trolleydolly's Avatar Posted by
  • Senior Member
  • Senior Member
More
22 Aug 12 #351269 by trolleydolly
Topic started by trolleydolly
Hi, I would appreciate general views on my FDR outcome. Short marriage of 3 years with a 4 year old child. Interest in three properties, one with no equity (FMH), the second in negative equity and needing complete renovation, the third £40,000 equity which has been agreed will be mine. Husband has thankfully taken on liability of the property that is in negative equity and he keeps FMH which was his before marriage. Disparity of income large due to him being self-employed building surveryor/architect and me part time air cabin crew. He played down income at FDR hearing but at least it was obvious that he could afford to pay two mortgages.Judge suggested spousal maintenance and child maintenance (a global figure as she put it) totalling £500.00pcm. I would have liked/expected more but I simply cannot afford to go to full trial with the risk of receiving the same or less. My solicitors are pleased that I have ''a foot in the door'' with spousal maintenance as his solicitor was arguing a Clean Break settlement. During negotiations, his solicitor was also arguing that if it were to be paid, it should be limited to a few years only due to short marriage. The judge suggested that it wasn''t appropriate to limit it due to the age of my daughter (4 years). I will receive £500.00pcm therefore until my daughter reaches 11 years old and then reduced to 5p per annum until she is aged 16,if my expenses are being met after this ''feet finding period.'' Views on this would be appreciated!! Thank you.

  • LittleMrMike
  • LittleMrMike's Avatar
  • Platinum Member
  • Platinum Member
More
23 Aug 12 #351301 by LittleMrMike
Reply from LittleMrMike
Hmmmm, interesting.

Right, you have a home for yourself and your daughter, and, as far as I can see, you have it outright ; well, that is more than what many women in your situation get. Many of them have the right to live in the FMH until the children grow up, at which stage they have to sell. So this, I''d say, is a plus point.

Then, about the maintenance. Hard to comment really because he''s going to have to pay 15% of net income in child support anyway - and, as matters stand, this is a statutory obligation which could extend beyond your child''s 16th birthday. So the question is, how much is 15% of his net income and how much of this £500 a month is child support which he has to pay anyway ?

It lasts till your child is 11, and this can always be extended ( or varied, either way ) if circumstances justify it.

The part that I find interesting is the fact that the SM element drops off to a nominal level when your child is 11.

There is a debate on the issue as to when it is reasonable for a wife receiving maintenance to go out to work at all, or get a job which may be part time, or work full time. It''s interesting that the judge''s views are more or less congruent with mine ; namely that in normal circumstances, a woman receiving SM should take a part time job when the youngest starts secondary education, and then, perhaps work at least 16 hours a week so that tax credits kick in, with the result that the earnings level can be raised appreciably. Incidentally, if you haven''t reviewed your tax credit entitlement, perhaps you should.

So - perhaps I''d like to know how much of the £500 p.c.m. is SM, because it''s only that that you are '' risking '' not the child support. My preliminary impression, not too bad - but then I have not seen the details of your husband''s income and assets. If I had the whole picture, I might revise my preliminary view.

So, in return for that piece of advice, I''d like your professional opinion on a matter which has interested me ( and perhaps others too ). I fly to the USA frequently - my wife lives there, and I here, unfortunately. That''s a long story. But when the inflight meal comes round I was used to hearing the steward(ess) say, those immortal words, " Chicken or pasta ? " - but not the trolley comes round , the meal is handed out and it''s always
pasta. Or is this just my over-active imagination ?

LMM

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
23 Aug 12 #351315 by dukey
Reply from dukey
I often think the best outcome is the one you can actually live with, very often those who do go to trial both walk away unhappy, there are no winners, plus of course the cost can be huge, if you have lets say a two day FH you have to be thinking 10k+.

You have the only house with any equity, none of the debt and a global SM order for a good while, given your ex is self employed it all sounds good to me.

Final hearings are always a gamble, when your ex is self employed even more so, personally i reckon you made the right decision.

  • trolleydolly
  • trolleydolly's Avatar Posted by
  • Senior Member
  • Senior Member
More
23 Aug 12 #351394 by trolleydolly
Reply from trolleydolly
Dear Little Mr Mike and Dukey

Thanks for your replies. Dukey I feel better already! To be honest Little Mr Mike, nobody knows his real income and to establish this, it would have meant going to full trial for cross examination. He declared 15,000p/a in wages on form E an his accounts showed dividends of approximately £16,000 p/a. His income is greater due to the lifestyle he is leading as shown on his bank accounts and due to emails sent to me offering that he pays the fees to send my daughter to private school. At the FDR hearing he suggested that this was a ''pie in the sky''suggestion and declared to the judge income of £2500-£3500 net of tax. He currently pays £370.00pcm in child maintenance as assessed by the CSA. If this were to go down in the future, he still has to top up the spousal element to £500.00pcm. I currently work 18 hours per week and indeed do receive child tax credits. Now of course I will have to pay off my debts due to legal fees and some arrears towards this mortgage,he also owes me £4,000 in arrears in child maintenance so I wish to start the ball rolling with claiming these too.

With regards to the poor customer service received on your flights, you should ALWAYS be offered a choice of meal, unless of course the cabin crew have run out of the first choice. In this case they should let you know and if you really can''t stand the thought of the second choice, they should offer you an alternative, for example there may be a spare vegetarian meal in the ovens. A tip for next time: as soon as you know what the choice of meal is (or you can ask the crew at the start of the flight or when they come round offering your drink) ask them to save you your preferred choice. Hope this helps!!

Kind Regards

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
23 Aug 12 #351401 by dukey
Reply from dukey
What you have is called a segal order, as you rightly say it combines CM and SM as a single payment, so if one or the other decreases for whatever reason the other increases £1 for £1, so you still get the same amount of money.

Erm can you get free upgrades to first class?, if you don`t ask and all that :)

  • trolleydolly
  • trolleydolly's Avatar Posted by
  • Senior Member
  • Senior Member
More
23 Aug 12 #351405 by trolleydolly
Reply from trolleydolly
Wish I could!! We''re not even entitled! If you become a loyalty card member then you have a greater chance of being upgraded when a flight is overbooked. Sorry, I know it isn''t what you want to hear :laugh:

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
23 Aug 12 #351408 by dukey
Reply from dukey
Devastated :(

Still if it helps avoid the pasta your assistance is most valuable :)

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11