I recently posted re help composing a proposal for a settlement.
After reading posts about Mesher Orders I think it may be a better option for me, as I only wish to retain home until children move on prob 5 to 6years., but my legals stated that if I go for this I would only be entitled to 50% of home/assets etc. Is this correct?
They also said it was unlikely a judge would allow a Mesher as stbx offered house to me in his last proposal, but this proposal was only on stbxs inflated terms eg he wanted 50% of house and added 55K to value of property and wanted 60% of all other assets.
I still believe a Mesher should be available as I cannot afford the house on ''his'' terms.
Details: Me 49 him 50
Married 23 years cohabit 1year. Two Children one 22 at uni other 13 (both living with me)
Him: Salary 52K
Me: Umemployed Receive 199 Tax cred, 87 CB & 380 CM per month
Pensions: Him 325k
Joint savings 55K
Endownments already matured 58K
Home: 195K (no mortgage)
Him: Renting flat 350 pm
Outgoings: Me £2400 per month including outstanding debts, household bills, but mainly children/school fees, utility bills, dogs etc
Outgoings Him: not sure as not provided most of his discovery.
A mesher order would be a possibility. Given the huge difference in your incomes I think you are being misadvised that you ought only to get 50% in 6 years time. It is true that the person waiting for their share of assets can ask for more as they are putting their needs on hold but it is not always the case. My husband has a mesher for 20% of equity in 12 years time; at the time of agreeing he earned 35k and his ex had a net income of 26k. He did not ask for any more as compensation for waiting so long, but even if he had I would have need surprised to see him getting more than 30%.
As you are fortunate enough to be mortgage free, it doesn''t matter how much your ex thinks the property is worth. He will be given a percentage of the final sale price, less moving costs, end of. And a mesher doesn''t stop you having a share of the other assets, most noticeably the pension and savings.
Redwine, if your sol is not telling you all the above then maybe you should think about getting someone in who will fight your corner a bit more?
If I did go for mesher what do u think would be appropriate share of house and assets. I don''t want to be greedy just have enuf security for me & my boy''s... as will likely be on temporary contracts wen I get work.
I know stbx is secure work wise & has not declared all his assets even after a Court order, so I would assume this should be raised in court. as perhaps a bargaining tool....!
I have a mesher order awarded 7 years ago. Children 4 and 6. Ex will get 25% equity of value when youngest 7 years old. I had no share of pension but SM for life or until I remarry. I have had to take on small mortgage. Personally I would say no to a mesher only because he controls if I want to re mortgage etc but you are in the fortunate position of mortgage free.
There is absolutely no need for a Mesher here. The house is worth £195k, there are savings worth over £100k and his pension is £325k. There is absolutely no reason why you can''t keep the house, let him keep his pension and split the other savings 50/50. I think if you were to offer him this, he would be very foolish to refuse.