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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.


Is it worth fighting for SM?

  • LuckyGal
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17 Feb 08 #14200 by LuckyGal
Topic started by LuckyGal
My husband earns around 37k a year & im currently not working. It was a joint decision that I would look after the home & children.
At some point I would hope to work 16 hours a week & top up with tax credits, this would give me a reasonable income taking into account child maintenance & benefit. This would still leave me with around £700 a month less than x2b & I would have to feed & clothe the children with my income.
Once the children have finished education & CM & tax credits stop I would find myself on the breadline with a minimum wage job, whilst he would now have a good income to do as he pleases. Its quite a worry.
There is currently around 360k equity in our house, & around 234k (65%) would adequately house us in the area we currently live. Would I be likely to attain that sort of settlement, with or without SM? or would I be better off concentrating on getting the equity I need to get our home up & running & try not to worry about the awaiting poverty trap/being forced to sell my home in order to live?

  • Monitor441
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17 Feb 08 #14208 by Monitor441
Reply from Monitor441
You haven't stated the ages of the children. How long before your CM and tax credits finish?

Mon

  • LuckyGal
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17 Feb 08 #14209 by LuckyGal
Reply from LuckyGal
The children are 7 & 8.

  • attilladahun
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17 Feb 08 #14211 by attilladahun
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You would be better concentrating on FMH

50% of equity c £180K you clearly need a mortgage to pay H off even if you reduce the lump sum by getting a pensions offset (where you get capital in lieu of pension)

Capitalising maintenance at present isn't worth much as once you work + get Tax credits with CSA you will get c £1100-1300 per month.

Now can you afford to live in FMH on that?

To get the FMH H's pension would have to be quite large!!

Any CETV figures?
What is present mtge?
No of Children?
Likely CSA=?
Age of you and H
Any future partners for H or W?

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17 Feb 08 #14212 by attilladahun
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So CSA is 20% of H's net pay less one seventh if C stay 52 days + or two sevenths if stay over 104 days pa

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17 Feb 08 #14214 by LuckyGal
Reply from LuckyGal
Mortgage is virtually nil. House is worth around 380k, 360k in real terms after mortgage & costs.
I wouldnt expect (or be able to afford) to live in the FMH.
H doesnt have a pension & neither do I.
He is 40 & im 35.
CM would be around £400 a month based on CSA figures.

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17 Feb 08 #14221 by Monitor441
Reply from Monitor441
Lonely Mum

Have you thought about studying to improve your eduction whilst the children are at school and you are not working. When they move up to High school and you can work longer hours, you can then improve your career and not be on a minimum wage job when they leave school.

Mon

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