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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.

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house sold - finance split advice please!

  • Munchbunch
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22 Aug 12 #351165 by Munchbunch
Reply from Munchbunch
Firstly, the child maintenance rate via the CSA would put his contributions as a lot more than £300 per month if he''s on £95k, even with three children.

Your percentage of the equity should be higher in my opinion given his salary, ongoing potential to earn and pension.

Personally I would go for a larger share of equity now and no spousal maintenance (I emphasise that is my personal preference-I would rather cash now and being assured of whre I am financially than reply on spousal maintenance, even if it left me worse off long term).

Whatever you do though remember the assets being split are equity of £180k + a pension of £90k so even going halves you''re looking at £135k plus spousal maintenance plus child maintenance.

But given the sums you really need a solicitor to advise the best avenue.

  • Action
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22 Aug 12 #351166 by Action
Reply from Action
It sounds as if your monthly budget proves that it is not sustainable to exist on what he has offered. Did you allow for things like holidays, fixing the car, birthday and Christmas presents, hairdressing - the list is endless?

You need to make sure that the settlement provides for your long-term needs. His salary means that he will be able to raise a bigger mortgage if he chooses and your earning potential/development is presumably restricted by having a young child to care for.

Don''t agree to anything until you''ve had some proper advice.

Good luck with it all.

  • cookie2
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22 Aug 12 #351167 by cookie2
Reply from cookie2
Ah right. But that''s still wrong by my calculations. £90k is £4914 per month after tax and NI. 25% of that is £1228, so 1/3 of that is £400.

But I still think his offer is very low. He cannot have his cake and eat it. He will either need to pay you enough spousal maintenance to live, or give you enough equity that you do not need as much SM. I would give him a choice of 2 offers:

1) He keeps the other property and his pension and pays £400 CM. He gets what he wants, £55k from the house and you get £100k. But then he will have to pay £600 SM.

2) He keeps the other property and his pension and pays £400 CM. You get all the equity from the FMH and he pays only nominal SM.

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