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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.


On behalf of my friend ...

  • MissTish1
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18 Apr 12 #324821 by MissTish1
Topic started by MissTish1
Hi wise Wiki''s

My dearest friend and her partner have separated after 15 years. Fairly mutual decision, no-one else involved.3 girls aged 12, 8 and 5. He''s left the family home, large detached 4 bed home. He''s self employed, does very very well, but on paper earnings would be around £30k, she earns 13k. They had ''the'' chat on Monday, re house etc. Joint mortgage. Both want to sell and move on. She asked for a 60% share as she has to house herself + 3 girls, he agreed. He also offered to pay £600pm cm, which she accepted. He will also help towards other costs re the children. So all in all pretty good. But today she saw a solicitor at a free legal surgery, who told her his offer is poor and that she''s entitled to all proceeds from the sale of the house because of the girls, and told her once youngest child is 18 she can sell whatever house she''s living in (she doesn''t want to stay in the FMH) and pay him off then. Solicitor also advised the £600pm cm isn''t enough.

Sol is organising mediation, which my friend wants to do as she wants to keep things amicable but she''s confused about what she''s entitled to and I said I would post on her behalf.

  • stepper
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18 Apr 12 #324822 by stepper
Reply from stepper
Some solicitors thrive on conflict. If she can remain friends with her ex. it would be for the best.

Cant really comment on whether the settlement is fair or not.

  • MissTish1
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18 Apr 12 #324823 by MissTish1
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Thanks Stepper. Hopefully someone in the know can help. I don''t have a clue personally!

  • flowerofscotland
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18 Apr 12 #324839 by flowerofscotland
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Hi MissTish1,

The amount she may rack up in legal bills fighting for no guarantees! She may end up out of pocket. As stepper has said if she can keep things amicable and keep Solicitors out of the equation and she feels that her STBX is being fair then good luck to her. Otherwise things may turn nasty and she may end up with less than his original offer. If she feels that there is nothing underhanded then the less acrimonious things are the better all round.

Sometimes cutting your losses so to speak benefits all! Moving on with no bitterness and hurt can keep you healthy and sane!

Take care for now FoS x

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18 Apr 12 #324842 by MissTish1
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Thanks. She just wants to know if the advice the solicitor gave her is correct, that she''s entitled to all proceeds from the house. Also, he told her she would get legal aid. She doesn''t want things to turn nasty, but wants what''s best for the girls. At the end of the day she will have to find a home for her, the kids, 2 dogs and a cat! It''s all strange new territory for her and she just wants the best advice really.

  • Lostboy67
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18 Apr 12 #324845 by Lostboy67
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Hi,
If his declared earnings are 30k is that gross or net, if it is net then the CSA rate for CM would be 625/month (25% of net), if the 30k is gross then 600/month is more than CSA would assess.

Your friend should try and think about what she needs for her and the girls. Would 60% of the equity allow her to house herself and the children. If not then some thought needs to be given to how the gap is bridged. Also some concideration needs to be given to pensions and savings etc. Some concideration also needs to be given to what her s2bx needs from the financial side in terms of a settlement.
She may have given the solicitor a lot more information, but tentativly I''d say the solicitor is over promising to get the work.
To be honest 60% does seem a little on the light side given the figures you have stated but the big question is 60% of what, and what exactly would that get you in terms of property.

LB

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18 Apr 12 #324849 by MissTish1
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Well she''s estimated, on 60% that she can pocket about 80k from the sale of the house (after mortgage is paid off), so she will be looking to rent at least a 4 bed house, or possibly a part buy part rent scheme. That doesn''t worry her, renting I mean, but she''s concerned about how she will pay rent when the money runs out. He''s said she can have everything in the house. He''s at present kipping on a mates sofa, so he wants his own place too, big enough to have the girls to stay and have a home with him too. I think she thinks that if she tried to bag all the proceeds from the house then things could get nasty, but she wants to protect herself too.

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