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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 legal advice on a fair financial settlement?

We offer a consultation with experienced family solicitor for a low fixed fee. You will receive legal advice and a written report outlining your legal position and setting out what a fair settlement would look like based on your individual circumstances.


Help needed please

  • bakerj
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23 Jul 12 #344841 by bakerj
Topic started by bakerj
Hi
I''m new on here and I just wondered if anyone had some advice for me?
This is the situation:
Separated 2.5 yrs ago but lived in the same house until Aug 10. marital home was sold and with the 50/50 proceeds we bought separatly with my house being our daughters (age 8) primary residence. I was working pt just before we financially split and then went back ft in order to get a mortgage. At the time of getting the mortgage, I found out that I could ''port'' our mortgage rate which woudl save me a lot. He made is clear that because I was taking the mortgage rate that our mortgages would work out about £300 a month difference and therefore he wouldn''t be paying anything towards our daughter. I had to agree to this because at that point I would have agreed to anything to get out of the house, it was so hard living in the same place by that time.

He works FT but a few months after the financial split, he decided to take a career change and reduce his salary quite significantly. I earn more money than he does but I am lucky and get to stay at home which is the only way I would be able to care for our daughter when she is not in kids club after school.

From the point of living apart he has paid for half of her child care costs and other sundry costs - swimming, Brownies, etc.

In April this year I started divorce proceedings on the basis of 2 yrs separation and started to look at the assets and financial split.

I have done a spreadsheet and with everything taken into account (pensions, endowment, etc.) it works out that I am currently on a 52/48 split and he maintains that I will not get anything else from him because he precidence has been set (I wish I had divorced him when we split but hindsight is a wonderful thing). He is adamant that this £300 a month difference that he is paying towards his mortgage is all that I should ''get'' although I have said that this money could be taken as an asset by me but it couldn''t be taken as an asset AND child maintenance. He is even disputing paying what the CSA calculator now suggests for our daughter. He acknowledge in June that he had a financial obligation towards her and because he mucked around answering letters, etc. we are now nearly in Aug and he says he will only pay from Aug 1st and not back dating to June.

I do not want a huge amount from him - about 10k - but it would just be enough to pay off the car I had to buy because the old family car (which I bought) was starting to cost me lots of money.

I would be grateful for any advice. I am going to see my solicitor next week (I have tried to sort this out directly with my ex to save money) and I think it might be the only way that he will acknowledge that the assets shouldn''t be split 50/50 - I was his wife, not just a girlfriend. I feel like cr4p and it feels like everything I did to support him financially through our marriage (I have always earned more) meant absolutely nothing.

Thanks.

  • stanlawkent
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01 Aug 12 #346659 by stanlawkent
Reply from stanlawkent
First thing is first, a division of the matrimonial assets on a 50/50 basis given that you have a minor child is totally inappropriate and wrong in law. The starting point for a division of matrimonial assets in law is 50/50, but there are a number of factors which can be considered as the basis of a relevant argument to depart from equality or a 50/50 split. Minor children and the provision of a home for them is one of those factors. It is therefore accepted that the "resident parent" will require the lions share to be able to house or re-house themselves and the dependant children.

As a legal practitioner I am concerned that you may have been pressured into agreeing a 50/50 division by your spouse. This matter therefore needs resolving and fast. Not knowing all the information relevant to your case, I cannot ultimately say what should happen here, but in any event the financial aspect of your divorce should be finalised and formalised as a matter of course. I would however suggest that the issue of the capital division between you, needs re-examination.

No president has been set, as if you have to issue financial proceedings the Court will be concerned with the financial status & assets of the parties as they are at the time that the application is issued. Again this is another reason to get on an sort this aspect of the divorce out, as the longer it goes on the more oppertunity he has to disapate his equity from the FMH (former matrimonial home).

child maintenance is a separate issue and not one that can be regulated by the Court if the parties are not in agreement. If he has given you the "run around" over this aspect already, then if you were my client I would be suggesting that you tell him that he can either agree to be properly assessed, or for you to work out what he should be paying (by him disclosing his last P60 and latest payslip and you using the information on the online calculator) or in the alternative (you having given him one final chance) that you will go yourself to the CSA and have him assessed. They then have the power to collect his maintenance from source if he won''t co-operate.

I hope that this helps in preparation for your meeting with your solicitor.

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