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What are we each entitled to in our divorce settlement?

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Help with clean break offer

  • Pumpkinhead12
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29 Nov 07 #8133 by Pumpkinhead12
Topic started by Pumpkinhead12
I'm about to sack my solicitor (can't get any answers) and go it alone. I would appreciate advice on potential offers to make for a Clean Break settlement. I tried the calculator, but it seems a little too favourable towards me to be believed. The details:
Net monthly salary: me 2600 spouse 2200/spouse's new partner 1300
House equity 180,000
Pensions 70,000 each
savings me 16,000 spouse 36,000

total liquid asset pot= 232,000 with pensions=372,000

My daughter is 12 and housebound requiring 24 hour care. She has disability allow. which pays for an au pair to help with the childcare. She lives with me 7 nights a week, but spouse comes weeknights 3 hours/night to help with childcare while I'm at work. I would like to buy the spouse out of the matrimonial home for my daughter and myself and am assuming my spouse will be paying me £330/month childcare. If my spouse keeps their pension (70,000) and £36,000 in savings what should I be offering as a Clean Break settlement? Thanks for your help.

  • LittleMrMike
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30 Nov 07 #8150 by LittleMrMike
Reply from LittleMrMike
I am not a practicioner in this field and never was, but as nobody has replied so far, I will try to start the ball rolling and perhaps others will follow.

The first is that, as you have a disabled daughter, her needs would be the Court's primary consideration. That means a roof over her head, and it is not uncommon, in situations like this, to give the parent with you ( ie you ) the right to live there at least until your daughter is 18, at which stage the house is sold and the proceeds divided. Of course such a solution only puts off the evil day for another 6 years or so, and some judges have criticised this type of order for just that reason, but it is not by any means an unusual arrangement. I find it hard to believe that your solicitor would not have mentioned this possibility, and so I'm asking you whether you have considered it.

That is not to say that a buyout is not a good solution if it can be arranged. It solves the problem of your daughter's accommodation once and for all, as opposed to putting it off till another day. But in your position, I think that I might be inclined to take the following line.

I'm assuming you are the wife ( you haven't mentioned this ) but many men find themselves in the position of having an interest in the family home which they are unable to realise for some time. I don't intend to be discriminatory ( honest ) but the type of arrangement I am talking about normally, but not invariably, favours the woman. So from his point of view, having cash now and making a fresh start may be quite attractive ; a smaller share of the equity now might be more use than a larger share later, if you know what I mean. I think you will have guessed my train of thought, and I'm not suggesting percentages because I do not know enough about your circumstances, but at least have a think about it. But he has more free capital, which is another argument for letting him keep it in return for a larger share of the equity.

Now for spousal maintenance. On these figures, this is a non-starter for you, as you obviously realise, but I would advise you to get a nominal order, at least during your daughter's minority. A nominal order is some desirory sum like £1 a year, which isn't actually paid, but the point is that it can be varied if, for example, you fall on hard times and lose your job. Some judges would not sanction a Clean Break where there are dependent children, particularly disabled children, but of course even a nominal order means that the arrangement isn't a clean break. As a variant, the nominal order could be discharged when your daughter is 18.

I'm not suggesting what offer to make, but I hope this will give you some food for thought.

Mike 100468

  • Pumpkinhead12
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02 Dec 07 #8274 by Pumpkinhead12
Reply from Pumpkinhead12
Thanks Mike,

BTW I am the Husband in this case.
You are making a lot of sense, but having her in control of my fate 6 years down the line doesn't sit well. She's living rent free with her new partner, so in fact she may be more interested in maintaining a 50% stake for the next 6 years than me. But I will again try and consider this.

-Pumpkinhead12

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