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FDA approaching - need idea of settlement figure

  • notmrsanymore
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2 years 7 months ago #496940 by notmrsanymore
Hi all I have FDA on Tuesday and I need to get an idea of what I can expect as a fair settlement. I have a solicitor and barrister and my sol will not give me a clear cut idea on what I can reasonably receive it’s so frustrating

Background
Married 2007 living together from 2006
Separated Dec 2015
Stbx gave me only 25% of shares (now worth £50k) while he took all the rest and paid off matrimonial debt of 22k. Those shares had he not disposed of them would now be worth about £150k I think. He bullied me into accepting by offering £2100pm maintenance and threatening to make me homeless

I live in fMH with our children 5 and 10
House if sold would only give £25k equity
I earn £10k pa with about 9k in benefits pa
He has earnt £103k in his last p60 and is now unemployed (right before hearing)
He has been paying £1500 maintenance since separation
Pension he has not disclosed on form E but must be at last £25-30k
My pension £3k
No other savings or assets
We are both 31

I will not be able to get mortgage taken over as I do not earn enough. It will probably be a mesher order. Please can someone indicate a rough monthly maintenance figure they have achieved or what I would achieve. According to my Form e I would need £2100 pm to achieve similar lifestyle and pay for everything mortgage etc. Also what percentage equity in house can I hope to achieve bearing in mind he spent the shares and it will be mesher order?

Please help! Thanks

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  • Lymm
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2 years 7 months ago #496954 by Lymm
I'm afraid I can only tell you what I got. My children were older at 14 and 17.
My ex also became unemployed just before and had earns 100k. He did his own financial forms which were a fabrication. Unfortunately I had lost both my parents so had inherited some money but the judge did see it was all I had.
I earn the same as you. Unfortunately I was made to sell the house and the proceeds were split 60/40 in my favour. By moving out of our village it meant I could buy us a small house. Maintenance wise I got 280 per child but my oldest turned 18 so I didn't receive a penny from him. Also as the ex had no income he refused to pay a penny for a year even though he had his proceeds from the house. My solicitor just advised that I should view any non payment as a savings plan and go back to court as the youngest approached 18 and fight for it all then!
I was advised I could get a mortgage as they will take tax credits into account as well as your earnings. Moving a few miles meant we could purchase without a mortgage so less pressure.
Sorry if that isn't as much as you thought but this is what I walked away with. I'm afraid you may like us have to change your lifestyle. Sounds scary and some days it is but have to say kids are resilient and they adapt to,these changes.
Good luck

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