Husband has agreed in principle to Consent Order but now stalling on signing. Him Petitioner - wnats a Clean Break. If I were to start court proceedings, how do you think a court will rule?
The number of children you have and their ages; 3 - 1 age 19 (at Uni) 2 x 17, upper sixth (has agreed child maintenenance until end of univ education or 19th birthday whichever is latest at £825 a month.
How many nights the children spend with each parent; Will be living with me
The length of your marriage and any period of pre marriage cohabitation; 20 years
Your respective incomes; H 60,000
Your respective outgoings;I will remortgage to take on 23k c/c debts accrued over 10 years - holidays, kids spend etc., he has to pay 8k joint loan and overdraft
Your assets - both soley held and joint;
House worth 350k, mortgage 145k, my remortgage will be 185k. He didn''t want to buy me out and doesn''t want a mortgage.
I pay him 15k.
My pension - 117k
His pension - 370k
He didn''t wnat to share his pension
Your liabilities; - as above.
Am spending a fortune on excellent solicitor but would like some free advice on whether I should/before I instruct her further. Many thanks.
I have a final salary pension - CETV value is 117k (worked part time for first 5 years when kids were little). He is senior in teachin and his CETV is 375k. I really am not bothered about his pension and just want the home for me and the kids until they finish uni. He is diputing paying CM as well. I really don''t want to go to court but I can see no option as he has just asked for amends to be made to Consent Order. I am so grateful for any advice. Many thanks!!
I can understand why he wants to keep his pension. That reaction is very common from police officers who say "you''re not having my pension, that''s mine".
In reality, you need to throw the pensions in the pot and then work towards a settlement. Once the total pot is valued and you have calculated what your husband''s fair share is, you can discuss how he is to take his share. This might be by keeping his pension and some other assets or keeping his pension and agreeing to pay you a lump sum.
The value of the pension is not the same as the CETV. The value is determined by the ages of the parties, the type of pension and the other factors. It would be wise to obtain an actuarial report to ascertain the true worth of the fund. Has your solicitor obtained one of these?