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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.

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.


advice sought on seperation and father rights

  • happyagain
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15 Sep 12 #356065 by happyagain
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Hi Phoenix,
You have a lot of equity in your property and a relatively small mortgage. How big is the family home? Is it bigger than needed, ie. 3 beds?
If not, your wife will almost certainly Petition to stay in the FMH and it is likely she would get to stay, however with such a small mortgage she could take that on herself. The ideal scenario is one where the house is sold and the profit split but if your wife is becoming angry then she will not be thinking of your welfare, only that of her and the children.
Please be aware that you wife will be bringing in a lot more money once you separate and may even by doing so already. If the child benefit is in her name then she will be entitled to claim tax credits of probably around £700+ PCM as a single parent and this will probably give her a healthier net income than your own. As the keeper of the benefits, whether you achieve 50/50 care or not, you will be judged the non resident parent and will also have to pay child maintenance.
And no, it''s not fair!

  • liberateddad
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16 Sep 12 #356139 by liberateddad
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***edited due to privacy concerns**

  • LittleMrMike
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16 Sep 12 #356145 by LittleMrMike
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You have had some very good and sound advice here.
But please please please do not post twice on the same subject. Keep all your posts under the same roof.
As regards the house. Neither of you can be forced to leave. Only the Court can do that, either by making an order ordering you to leave ( which is normally restricted to unreasonable behaviour by one spouse ) or by making an order which, by its very nature, leaves you no option, as it would be if, for example, the Court does what Forseti said they might do, namely give her the right to remain there, if not in perpetuity ( that would be unlikely ) then at least for quite some time.
The general objective is to ensure, as far as possible, that both of you have somewhere to live and ideally that accommodation should be adequate to permit staying access with the non-custodial parent. But that can mean that one or both of the parties ends up renting when previously they were owner occupiers.
Happy Again is right ; you must look at the position after separation, not what it is now. What the Court will be concerned with is to look at your position as it will be when the split is complete. Benefits, and particularly tax credits, are crucial.
But you also have to look at the question of child support and how much you might have to pay and how that will affect your disposable income. But on these figures I''d have thought she''d find it difficult to get a mortgage.
I don''t like advising on housing outcomes for one very simple reason. What, say, £100K will get you in Birkenhead, is not what it gets you in Central London. So, if you feel that a break up is inevitable, you need to try and look ahead and form a '' guestimate '' - first of all, what property you can afford ( if necessary with housing benefit ) and what your ordinary living expenses will be. Secondly you need to try and do the same exercise for your wife. There is not a great deal of money here and the re-allocation of incomes and maximising benefits can call for a considerable degree of skill, much more so than when the parties are wealthier.
LMM

  • Elphie
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16 Sep 12 #356151 by Elphie
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LittleMrMike wrote:

You have had some very good and sound advice here.
But please please please do not post twice on the same subject.
LMM


Oops, sorry, I won''t suggest that again :blush:

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16 Sep 12 #356154 by Elphie
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phoenixtime wrote:

hi thanks for the replies...
appreciate all the thoughts and perspectives

is it the norm that people just presume the female is the primary carer ...am i not entitled to ask her to move out ? and stay in my home ....seeing as i have paid mortgage for best part of 15 years ?


i feel i am a more stable parent for my children than she is . .

is this the same with the benefits ? does that just presume the same ?

. .


As you made a comment in a previous post about your wife only just starting to work again, I am assuming she gave up work in order to raise your children. Hence you paying the mortgage for 15 years. Yes, the law is biased enough to assume the female is the primary carer, but then so are most couples ...until they divorce. I''ll probably get shot down by a few fathers for saying this, but here goes any way....She may have been happy to be a stay at home mum, but it doesn''t change the result - if she had stayed in full time employment then her earning potential might now have been much greater than it is. But she didn''t, she gave up work to raise your children which was a decision you made as a couple. Effectively, you agreed then that she was the primary carer. The law is biased, but so are happily married couples.

As for benefits, they assume anyone receiving child benefit is the single parent. As a happy couple, you made the decision for this to be your wife. One way around this, is if you agree 50/50 residence and contact, and you have more than one child that each of you recieves child benefit for one child, then each of you would be able to receive child / working tax credit as if you are a single parent with ONE child. However, you need to consider what your incomes are as to whether this would be worth it. Despite the popular myth, you don''t get child and working tax credit just because you are a single parent, it still depends on how much you earn so it would be pointless transferring the child benefit to you if you were not entitled to tax credits anyway. Plus, it would make her income that much lower, and yours that much higher so you could end up paying her sm, so again would be pointless. Www.entitledto.org has a benefits calculator that you can use to play around with what benefits you would be entitled to in different situations.

  • liberateddad
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16 Sep 12 #356186 by liberateddad
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02 Oct 12 #359039 by liberateddad
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