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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.


Where do I stand?

  • MrsH2013
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12 Nov 12 #365878 by MrsH2013
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Hi

If your ex is refusing to have your son for overnights then technically his housing need is for a one-bed place only. How many bedrooms does your house have? I can''t see how it would be reasonable for anyone to expect you as primary carer to move out leaving him with somewhere larger than his needs.

Hopefully someone legal will be along soon with some more solid advice.

Take care

Kitty

  • Munchbunch
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12 Nov 12 #365881 by Munchbunch
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It''s got three bedrooms.

I think it''s ridiculous for our son to move. But he won''t budge. We sell or he buys me out are his only two options and he''s not interested in speeding either of those two options along.

I cannot even begin to contemplate this carrying on over Christmas, let alone a year of how we''re living now, let alone as the relationship breaks down further.

That said I am currently doing the maths on how much I can afford to pay in rent and getting rid of my car is the only way I can afford to rent a tiny two bed place.

  • maisymoos
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12 Nov 12 #365882 by maisymoos
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I would not advise moving out especially if you are going to be the main carer of your son. Your ex sounds like he is just going to drag his feet, he could do this long term. If I were you I would submit a Form A to court for Ancillary Relief, if you self represent costs can be kept to a minimum. Submitting the form doesn''t mean you can''t still agree a settlement but it does sound like unless you take some action to resolving this stale mate you are never going to be able to move on.

  • Munchbunch
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19 Nov 12 #366872 by Munchbunch
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The figures have now changed and I''ve had an offer.

Briefly, we have been together ten years, cohabited for nine years, purchased a house together five years ago, married three years ago, have a son of two.

Me:
36
Salary approx. £34k
Pension approx. £20k
Car approx. £2k
Debt approx. -£5k

Husband:
31
Salary approx. £31k
Pension approx. £20k
Car approx. £7k
Gadgets approx. £8k (if sold on now figure-he works in IT and has a photography habit, we have thousands in all of the latest gear, much of which is responsible for his high debt figure)
Debt approx. -£20k

House valued at the weekend as having £50k equity.

My intention is to be the parent with child but offering 50/50.

Rather than maintenance we would both be paying for our son''s nursery fees which are higher than maintenance would be.

My husband has offered to buy me out for £20k. This is not enough for me to rehouse myself. His arguement is that he has the higher level of debt so this is fair. Also the higher amount of assets which make us about even I think (he''d also be keeping most of the furniture and joint electronics in the house).
I won''t be able to buy anywhere else without help from my family. They won''t agree to help until he ups the offer as I put down the entire deposit of £42.5k and gave him £16k when we bought the house and they think I''m being screwed over.

My view is that he needs to up his offer a bit.

I would be very grateful for your views.

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