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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.

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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Advice - Short marriage, 3 children high income

  • jahlucian
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05 Sep 12 #354030 by jahlucian
Topic started by jahlucian
Hi could somebody try and advise me in what the possible financial settlements could be, I know its difficult so I''ll try to give as much info as possible. I''m only at the beginning stages (currently waiting for the draft if the petition) but would like to get a better understanding...

Your respective ages; me-25 him-42

The number of children you have and their ages; three aged 16wks, 20months 4.5yrs

How many nights the children spend with each parent; 2 weekends a month with him

The length of your marriage and any period of pre marriage cohabitation; marriage 11months, co-hab 2yrs, relationship 3

Your respective incomes; me-currently awaiting benefits but voluntary maintenance of 1500. Him - 150k basic + annual bonus

Your respective outgoings; he pays mortgage 1400 and bills I cover all living expenses for myself and children, clothes food, school dinners...

Your assets - both soley held and joint; no joint assests him - 2cars, house valued at 480k, 200k on mortgage, owned by him prior to marriage, company pension and alternative accom (2 bed house bought outright by his mum). No debts

He has offered 10k settlement, family car and CSA value of 25% of his basic, so about 1750. He''s asked that I make no claim on house or equity and that I don''t request child maintenance from his bonus (44k thus year) and no claim on pension. He''s asked that me and the children move into rented accom, he will finance deposit, first months rent whilst I''m assessed for hb....

Sorry long winded but I thought more info was better! Many thanks in advance.

Your liabilities.

  • MrsMathsisfun
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05 Sep 12 #354032 by MrsMathsisfun
Reply from MrsMathsisfun
Hi and welcome to wiki.

Think ex is in for a bit of a shock as children trumps short marriage and the courts will put housing the children above anything else, so that he wont be able to make you live in rented accommodation whilst he walks away with all the assets.

  • jahlucian
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05 Sep 12 #354038 by jahlucian
Reply from jahlucian
Sorry I forgot savings of 38k.... Thank you for replying mathsisfun. Any idea of whats a more reasonable outcome?

  • WYSPECIAL
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05 Sep 12 #354042 by WYSPECIAL
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What would a house big enough for you and kids cost to buy in your area?

Who owns house he lives in? If him what is it worth?

Is he the father of all three children? You state eldest is 4.5 years and relationship lasted 3 years. If he isn''t the father do you get CM from the natural father?

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05 Sep 12 #354048 by jahlucian
Reply from jahlucian
I live in essex. I would guess about 200k for a 3bed. The marital house is just in his name, I moved in with him. The house was purchased at 540k, 300k deposit with a 240k mortgage and 200k outstanding. He is not the bio father of eldest but we completed step parent adoption in Dec 2011, so his bio father pays no maintenance. Thank you for replying wyspecial any advice would be fantastic.

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