A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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.


Is there ever more than a 40/60 split awarded?

  • Ladybird22
  • Ladybird22's Avatar Posted by
  • Junior Member
  • Junior Member
More
11 Feb 08 #13568 by Ladybird22
Topic started by Ladybird22
Has anyone ever heard of more than a 40/60 split? Do they ever award 30/70, 20/80 or the whole damn lot! (hoping for miracle).

thanks
Ladybird22:silly:

  • mike62
  • mike62's Avatar
  • Platinum Member
  • Platinum Member
More
11 Feb 08 #13571 by mike62
Reply from mike62
Ladybird,
Short answer - Yes
So many factors involved, length of marriage, age of kids, wife's ability to work, earnings capacity of wife vs husband, value of an equity in Family Home.

Uncommon to see 90:10, but 70:30 not uncommon

Mike

  • peteringout
  • peteringout's Avatar
  • Premium Member
  • Premium Member
More
11 Feb 08 #13577 by peteringout
Reply from peteringout
Really, 70:30!! How does it work then. Is the pension split based on its value at the time of separation or divorce? Does it still accrue in value for the ex after divorce until you actually claim it yourself on retirement?

Peter

  • DownButNotOut
  • DownButNotOut's Avatar
  • Visitor
  • Visitor
11 Feb 08 #13581 by DownButNotOut
Reply from DownButNotOut
It actually depends what you mean by 60:40 or 70:30.

In my case my ex got 100% of the realisable assets
(i.e. a house plus contents plus car worth several hundred thousand pounds).

And I got left with 40K in marital debts.


But.....

I got to keep 150k pension (however a pension is not worth the same pound for pound as a house as you cannot cash it in. So my 150K CETV pension is perhaps worth only 75K cash)

I also got to keep my future income....i.e. I avoided SM liability which could have been perhaps 20k per year for life.



So in Clean Break cases one party could very well get awarded 100% of assets as a clean break.

It all depends on individual circumstances.

  • Ladybird22
  • Ladybird22's Avatar Posted by
  • Junior Member
  • Junior Member
More
11 Feb 08 #13583 by Ladybird22
Reply from Ladybird22
Thanks Mike, that is very interesting and reassuring.

Ladybird :)

  • Emalou33
  • Emalou33's Avatar
  • Premium Member
  • Premium Member
More
22 Feb 08 #14769 by Emalou33
Reply from Emalou33
I am interested in an answer to this as well as my solicitor (locally very well respected, senior partner and divorce specialist) that I might get the whole house plus an improved maintenance figure - H currently living in rented flat and wants 30% of house and to give me £500/month. He earns £55K plus £8.5K car allowance plus 20% annual bonus, I earn £31K, and he will not pay for any extra bits for daughter including giving her no spending money to spend a week in a tent in Wales with me whilst he flew out to Bulgaria with his new girlfriend for a week!! Bitter? Me? No surely not!!!

My worry is spending all this money on courts etc and getting close to what we could have agreed anyway...

Did get divorce costs awarded in my favour this week tho so one good thing to come out of it

Emalou
xx

  • Elle
  • Elle's Avatar
  • User is blocked
  • User is blocked
More
22 Feb 08 #14795 by Elle
Reply from Elle
Emalou,
gettin awarded costs and gettin them are two entirely separate issues....legal aid playing a factor as well as xs attitude....costs awarded to me in 2004 and separate ones in 2006 are being disputed by my x to delay my divorce....sorry to hit you with this...just wanted to warn you
Elle

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11