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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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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.


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Any ideas?

  • dukey
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29 Aug 12 #352529 by dukey
Topic started by dukey
This is for a couple who don`t use wiki.

Both early 30`s

Two kids under 5

Married 10 years

He earns 4k net she £400 both per month

He pension money purchase 100k she none

All in good health

FMH 300k 100k equity mortgage £800 per month

No debt no other assets to speak of

He lives with his parents who are both elderly and wealthy

Now the problem, the guy firmly believes that because his wife ended the marriage the house should be sold, money split 50-50 she have no claim on his pension and only CM be payed, he believes court would have a moral duty to agree this proposal.

Any thoughts?.

  • WhiteRose
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29 Aug 12 #352533 by WhiteRose
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Hey Dukey,

As a layperson I thought I''d give this a stab:

Is her £400 salary or benefits (or both)?

I think he''s daft if he thinks he''ll get 50:50 and no SM.

20% of his 4k pm is £800 - so that will cover the mortgage and some SM ontop could keep her in the FH.

I doubt she''d get a mortgage on her income, so would say she stays put, esp with the ages of the kids.

With CM & SM she should be able to take over the mortgage/bills etc and he should still have enough to find somewhere else. Not life SM, though, just for a few years to get her back on her feet.

Problem is her keeping the house, him keeping his pension .......... is that fair? both valued at £100k but the pension is so far off for him, but earning £4k net pm, I suppose he could save for a reasonable deposit in a year or 2.

  • dukey
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29 Aug 12 #352534 by dukey
Reply from dukey
Thank you WR

She works part time and the £400 is her income, right now she only has child benefit no tax credits ect.

I did suggest the wife get a full benefit check including possible DWP help with the mortgage, the guy is dead against it until the house is sold.

  • MrsMathsisfun
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29 Aug 12 #352535 by MrsMathsisfun
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Dont think he has much chance of getting a 50/50 split.

Although £100k pension sounds a lot as it a money purchase its not actually worth that much in terms of actual pension. Probably not worth going for a share better to offset?

How big is the house? £200k is a large mortgage would the wife be able to purchase a smaller property with the equity and the husband act as guarantee?

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29 Aug 12 #352536 by dukey
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The house is a three bed, she has no chance of a mortgage, more so given she is self employed, to buy say a two bed where they live right now would cost 200k.

He insists on sale a Clean Break no SM only CM and 50-50 on equity.

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29 Aug 12 #352537 by WhiteRose
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I can''t see him getting the Clean Break he wants :S

I can''t see a Judge forcing them out of their home into Council housing when he has the means to look after them.

Even if a Court ordered a house sale I can''t see him getting his 50:50.

Their income is so far apart Sm seems likely.

Agree - a complete Benefits check is what she needs to do, even the 25% discount on Council Tax single occupancy will help.

What do you think? What have you told him?

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29 Aug 12 #352539 by MrsMathsisfun
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Think he is in for a shock!

The children would be a priority and it looks like selling up wont be an option.

Dont you think a court would agree some form of mesher (possible 50/50 split) or a award the house to her with an ''best endeavours'' statement.

I am guessing the wife would be entitled to some form of benefits which would increase her income.

what is the earning potential of the wife when she is able to return to work?

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