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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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any advice welcome

  • martin2207
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25 Dec 07 #9512 by martin2207
Topic started by martin2207
I would welcome any advice on my situation.
Married 10 yrs.
Mortgage 153,000
Value 215,000.
Contribution to mortgage..me 100%
Contribution to other household bills...me 60 % wife 40% (at best for her)

My personal debt 30,000 (as a consequence of her non contribution)
Her personal debt 0

1 child.(age 6)
Contributions to clothing etc etc 50/50

My income (net) 1100
Her income (net) 900

Her no of holidays =3/4 per yr
My no of holidays = 0-1 per yr

I formally asked her to contribute 30% of all bills last yr, with no response or alteration in circumstances.

Child care time = 70 % her and 30 % mine (against my will but due to bill commitments and selfishness of wife )

Wife (Russian with uk citizenship) does not communicate in English with daughter , and I do 100 % of schoolwork.

She is filing for divorce, she has no reasonable grounds , so we agree that we are not living as man and wife for 3 yrs.

I have been ripped off for 10 yrs and cannot afford to be ripped off in divorce.
What would be a fair offer in settlement to her , and how do i best go about getting fair custody, which would clearly be in the childs best interest ?

Any help would be a great help.
Many thanks in advance.

  • attilladahun
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25 Dec 07 #9515 by attilladahun
Reply from attilladahun
Married 10 yrs. [Co Habitation how long?]

Mortgage £153,000
Value £215,000.

[So Equity = 215,000-153000-costs of dale say 2% £5025 =£56,975]
My personal debt £30,000 (as a consequence of her non contribution)
Her personal debt 0

[So Matrimonial assets are £56,975-30,000 = £26,975]

Contribution to mortgage -me 100%
SO YOU ARE PAYING
(Assuming £152000 -15 yrs to run at say 6.2%)


Interest-only
Repayment

Monthly payment £ 790.50 £ 1307.69

Contribution to other household bills...me 60 % wife 40% (at best for her)

1 child.(age 6)
Contributions to clothing etc 50/50

My income (net) 1100 [so weekly £253]
Her income (net) 900 [weekly £207]

[Accordingly this is never a SM case so CM only]

Number of children maintenance will be paid for: 1
Number of other children living in the non-resident parent's household: 0
Number of nights, on average, the non-resident parent has the child 104 to 155
The non-resident parent's net weekly income: £ 253
The weekly amount of child maintenance is approximately: £27
IF THE TIME SPENT WITH CHILD O/T WAS 53 days to 103
You told us:
Number of children maintenance will be paid for: 1
Number of other children living in the non-resident parent's household: 0
Number of nights, on average, the non-resident parent has the child(ren): 52 to 103
The non-resident parent's net weekly income: £ 253
The weekly amount of child maintenance is approximately: £33
SO CM is either £117 per month or £143 maximum
Accordingly you are paying miles too much –if you paid CSA only your obligation would be only £143 per month max.
It seems you are under the same roof….if say she and you split and she obtained housing her income per month would be:
Wages £900
Child Benefit £78.86
CSA£143 (being pessimistic)
Tax Credits £311
Total Income =£1432.86
So solution 1 is:
Sell FMH pay off debts and give W a Lump Sum of £15000
You keep the balance + Pension (if say Pen worth 30-40K her LS would increase to £20K and you keep the balance on an inc and capital Clean Break
CSA for child at either correct fig of £117 or if more generous £143
Solution 2
Re-mortgage FMH by £30000 and pay off debts
Transfer FMH to her subject to mortgage with indemnity to you
On a deferred charge back of say £30% with FMH to be sold on her death, remarriage or further order (If she co habit with waged person you could then seek order for sale which would force a re-mortgage to pay you off –Negative features –if FMH goes up a lot CGT may be due when you part with your interest and it may be yrs to get £.
Also if you want to purchase another property may cramp your ability to get a mortgage.
Solution 3 [desirable]
You get FMH and pay W £20000 LS on a Clean Break
She will have to rent unless she lives in an area of cheap housing where she can put £20K down and borrow say £120K mortgage on a self cert basis. (unlikely if she doesn’t speak English!]
+ you keep pension.
This may put you in a better position ultimately to apply for a residence order….may be sensible if you suspect she could move back to USSR…that is a huge risk see case of Payne v Payne……and the criteria the Court adopts as to whether she should be give permission to leave. She probably wouldn’t think of it as he lifestyle even on benefit level would be better.


NOW How does this affect you
£1100 per month - £143= £957.00
Accordingly could never be a SM claim for her!!!
Based on the information you have entered, your household may be entitled to the following tax credits award:- Child Tax Credit £673.62 Childcare element of Working Tax Credit £0.00 Sub total £673.62 Working Tax Credit (less the childcare element of Working Tax Credit) £260.18 Note: The childcare element of Working Tax Credit will always be paid direct to the person who is mainly responsible for caring for the child or children, alongside payments of Child Tax Credit. Total £933.80 This is based on your household income of £12000.00. This is the amount your household may be entitled to from 25/12/2007 until 05/04/2008. This result is only an estimate and is based on the information provided assuming you make the claim on 25/12/2007. This means the amount shown may not be your entitlement for the full year.
SO FOR 3 months till March =£311 per month


Her no of holidays =3/4 per yr
My no of holidays = 0-1 per yr

I formally asked her to contribute 30% of all bills last yr, with no response or alteration in circumstances.

Child care time = 70 % her and 30 % mine (against my will but due to bill commitments and selfishness of wife )
[That seems to indicate 104 days overnight at least]

Wife (Russian with UK citizenship) does not communicate in English with daughter
[That cannot be good for the child really-so Daughter must be bi lingual –wonderful for her]
and I do 100 % of schoolwork.
[So the good news is you can display a working relationship with W in C best interest =Joint Residence should be agreed. Important to get that if possible just in case she thinks to returning to USSR]

She is filing for divorce; she has no reasonable grounds, so we agree that we are not living as man and wife for 3 yrs.
[So really grounds irrelevant-suggest s 1 (2) d MCA 1973
2 years separation by consent –she petitions so no costs for you!!!:)


I have been ripped off for 10 yrs and cannot afford to be ripped off in divorce.
(You are fighting over pennies so give her £20K of the £27K on a package deal
• You pay off the £30000 debt by re mortgage now ASAP
• No divorce costs
• She transfers FMH to you
• You keep pension
Clean Break of inc/capital
• Divide contents
• She agrees J/T Residence

What would be a fair offer in settlement to her, and how do I best go about getting fair custody, which would clearly be in the child’s best interest?

  • Specialdad
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26 Dec 07 #9532 by Specialdad
Reply from Specialdad
Brilliant advice attila.

Get yourself and your stbx down to mediation martin and take attillas post with you.

Best of luck

  • sexysadie
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26 Dec 07 #9533 by sexysadie
Reply from sexysadie
Just wanted to take issue with this statement of Attilla's:



Wife (Russian with UK citizenship) does not communicate in English with daughter

[That cannot be good for the child really...]

Actually this is the best way to establish bilingualism in a child in a household in which one parent is a native speaker of another language. One parent speaking each language is the best way for a young child to establish which language is which. There is a lot of evidence to suggest that bilingualism is generally good for children's language development overall.

Sadie

  • attilladahun
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26 Dec 07 #9538 by attilladahun
Reply from attilladahun
Absolutely that is why the child is lucky....

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26 Dec 07 #9539 by attilladahun
Reply from attilladahun
Absolutely that is why the child is lucky....

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26 Dec 07 #9543 by Specialdad
Reply from Specialdad
I speak 5 languages and my ex spoke 4 and we couldnt communicate in any of them!!!

Sadie children need only one language, the language of love. B)

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