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chargeback

  • zolazola25
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10 Mar 08 #16391 by zolazola25
Topic started by zolazola25
i am now divorced from my wife of 13 years. she is moving to france with her family ,and taking my 4 children with her.i have £144000 to be split between us. i made what i thought to be agood offer, giving her £104000, and myself £40000. she has turned this down. the judge has now favoured a chargeback. she has offered me 25% total, with £12000 now and £24000 in 10 years when my youngest is 16. this sounds very unreasonable, as i was on the understanding that when the chargeback comes into affect it was split 50-50. it looks like court will have to decide on this , as she seems unwilling to co`operate. has anyone been in similar circumstances?

  • DownButNotOut
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11 Mar 08 #16508 by DownButNotOut
Reply from DownButNotOut
zolazola,

I realise that this feels unfair.

But in UK divorce law the 'needs' of the kids overrides fairness.

This is especially true where the needs are greater than the resources and there simply isnt enough to share out to meet everyones needs.

In these cases the marital assets are allocated based on prioritised needs - with the kids coming first , the carer of the kids second, and the other parent last.

The offer on the table seems somewhat inline with the stance the court is likely to take.

If it makes you feel any better - I got 0% of the assets from my FMH and I have only 1 kid.

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