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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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Treatment of pension and equity

  • kitkat
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28 Apr 07 #129 by kitkat
Topic started by kitkat
Tried the calculator, but have a couple of observations.

The pension CETV seems to be treated £ for £ the same as other assets (eg house equity). I don't think that is correct.

Also, I think there should be a parameter concerning house prices; if there happens to be enough money in the pot to house both parties satisfactorily (I know it's rare but it does happen) I think it should be slightly less harsh in its asset split.

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29 Apr 07 #131 by wikivorce team
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thanks very much for the comments kitkat.

Some very good points.

We will be making regular (at least weekly) updates to the code during this trial month and will certainly take your points into account.

We fully understand the CETV issue and could perhaps add a parameter to allow control over CETV treatment when offsetting. Also I think the asset split does appear a little harsh right now.

We're not quite sure of the house price point - perhaps you could elaborate on your suggestion.

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04 May 07 #156 by kitkat
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What I mean by the house price point is best illustrated by the following:

Let's assume ex and children need a 4 bed house, and a reasonable price of one is £300,000. Let's assume NRP would also like a reaonable size house so they can have the kids to stay over, and £250,000 is reasonable for that.

If the amount of equity available if the FMH is sold is, say £400,000, then it is likely a court will award a 75%/25% split as the priority goes to the ex and kids.

However, if the average price of a 4 bed house is £200,000, then it is more likely that the split will be closer to 50/50%, probably 60/40%.....because a court will try and accommodate the wishes of the NRP for a property suitable for contact arrangements if at all possible...surely or am I naive?

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05 May 07 #165 by wikivorce team
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Ok - we see what you mean now.

We will think about how we could incorporate this - no promises - but we will consider it.

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07 May 07 #183 by robocop
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I agree with this thread totally. Our equity will be about £950k incl investments when cashed in. It will be possible for both parties (ex+2kids(10&7))to be housed for about £450k. Also your point on the cetv being treated £ for £, just cant be right. To constantly calculate asset split at 70:30 is too harsh in many (bigger) settlements.

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07 May 07 #184 by wikivorce team
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Thanks very much for your feedback robocop,

As we stated - we understand the CETV valuation issue and so will be including a parameter to allow the user to adjust £ for £ treatment as a ratio 1:2, 1:3, 1:4 etc.

We are also grateful for your point about cases with larger equity values - i think the team focused on 'needs' based cases at income ranges that cover 80% of people.

But at the high end (where all needs are comfortably met) and low end(where benefits have bigger impact) we do have some work to do.

Robocop - if you are willing for us to use your case as an example you could save the output (cut and paste into an email) that the calculator gives you and send it in confidence to This email address is being protected from spambots. You need JavaScript enabled to view it. and we will use it as a test case to ensure the calculator copes with that kind of high asset case.

many thanks

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07 May 07 #185 by wikivorce team
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oh - by the way robocop - i think you win the prize for being the first user to update their profile and choose an avatar image.

Looking good....:)

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