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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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Have I lost the plot or completely misunderstood?

  • Heatherclarke
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25 Nov 21 #518194 by Heatherclarke
Topic started by Heatherclarke
mediation. Mediator say pensions pre-marriage should be ring fenced.

No savings.
Cars - equal
Debts - £5K wife
Equity - £250K
Business - £2K husband
Married 7 years, cohabited 18 months before
Children - 2 children of the family (wife's) + 2 not children of the family (age 20 & 23 husband's)
Income - husband £12K last year's a/c £20K previous works part-time (own choice, no childcare). Wife £35K gross (works full-time)
Pensions - £73K wife (£45K pre-marriage), £341K husband (all pre-marriage)

Equity does not provide for a three-bed and one-bed property - is this therefore a needs case? My understanding was that everything is chucked into the pot and starting point is 50/50 for settlement.

I also thought the PAG report would now have some bearing/weight in the fact that is advises ring fencing pensions when a needs case is not appropriate (and likewise that pension offsetting is not always the best option).

Have I completely gone wrong somewhere in my understanding given that the mediator says the pre-marital pensions should be left alone?

My husband also put on his form E he needs a 2-bed house in case one of his adult children come and stay. He works round the country so is not driven by location for work. When I questioned him needing £200K for a 2-bed, he said it was because he wanted to live near the cricket club for his social life. Mediator says this is fine.

I really feel as though I have either completely lost it today or it is a wind up.

Suggestions and advice needed please!

  • WYSPECIAL
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25 Nov 21 #518198 by WYSPECIAL
Reply from WYSPECIAL
Your mediator will have a knowledge of the local courts etc.

You don't give your ages but given that it is a relatively short childless marriage then not including pre-marital pensions would seem pretty normal.
Where did the equity in the house come from? Did one of you put a much bigger share of a deposit in?
Where did you live with your children before the marriage?

  • Heatherclarke
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25 Nov 21 #518200 by Heatherclarke
Reply from Heatherclarke
Thank you. Interesting.
Age 47 and 53.
We lived in my own house, sold, I paid 100% deposit of first martial home. He lived with his parents. Invested inheritance into it too 120k but considering that went into the martial home thought my chances of that being ring fenced were zilch in a need case?

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