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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.

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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.


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Property and the CSA? Shared custody?

  • halflifedecay
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09 May 12 #329387 by halflifedecay
Topic started by halflifedecay
Hi all
Newb here.
My wife and I are likely to separate, and I have a question re property and the CSA (and custody – maybe I should post in the other forum area, though the questions are interlinked)
We have 2 beautiful children (10 and 5). My stbx and I both have our own businesses. I work full time (though I have enough flexibility that I usually take the children to school and I finish early one afternoon per week). My stbx works part time and picks up the other 4 days). Our earnings are similar - £2.5-3K me, £2Kish her, per month net.
Firstly, I want to change my hours, so that we have equally shared, 50/50 custody of the children. She wants it to be 5days her, 2 days me. I can’t be without them for that long – I adore them, and it would break my heart.
We have agreed that we would have to sell the marital home, and we are fortunate that this would give us both a huge chunk of equity (£150-200K). Having said that, we’re in an expensive area, where we would both still need another £100K mortgage (if we’d get one – due to being self-employed) to buy a 3 bed house each in the right school catchment area. We could also rent, though this is also expensive of course.
So the question is, if we can’t sort things amicably with a Consent Order etc. Do the CSA take the huge chunk of equity she now has, into consideration? On a side note, my understanding is that blame is no factor in these considerations.
As a secondary question, what are my chances in court for shared parenting / custody? I just want the Absolute best for my kids, and I want it to be fair for us.

  • mumtoboys
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09 May 12 #329388 by mumtoboys
Reply from mumtoboys
you''re not sharing parenting now so you might struggle in court if your ex is against it...it''s all about ''status quo'' and maintaining stability for children. Others may disagree.

not sure of your question regarding the CSA. The CSA work on an income only basis (and assume an income on capital over £60k - I think that''s the figure anyway). For two children you are looking at 20% of your income after deductions have been made, minus 2/7''s for the overnights you have them (as you are describing things). There is a calculator on their website so you can work it out.

You both need to check now with a couple of mortgage brokers whether or not you''re going to be able to get a mortgage. could you both move a bit by agreement and go somewhere with cheaper house prices or do you need to stick with your current area for business purposes? I know where I used to live in the south east, if we''d moved 3 junctions on the motorway, things would have been a lot cheaper. It is certainly worth looking at. Oh - do you need 3 beds? are your children the same sex? moving to a two bed if possible might help.

  • halflifedecay
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09 May 12 #329391 by halflifedecay
Reply from halflifedecay
Thanks for the reply and advice.
It seems so unfair. I look after them for an additional hour in the morning (making breakfasts and packed lunches etc.) so 5 hours. She has them from 3.15-5.30(when I get home) for 4 days per week, which is 9 hours. Basically in net terms, she parents for 4 more hours per week than me.

Also, doing the CSA calculations on the various sites, even if it were 50/50, I''d still have to pay £61 per week. How does that work?

  • WYSPECIAL
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09 May 12 #329413 by WYSPECIAL
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CSA work on the basis of nights.

It''s where the children sleep, the time they are costing least, that counts.

No CSA wont take any settlement into account. It''s based on a % of the parent who isn''t the main carers (ie least number of nights)income.

If you can sort it without using the CSA my advise would be to do so.

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09 May 12 #329422 by halflifedecay
Reply from halflifedecay
Thanks for the reply.

I should have clarified, we are still living together currently, so the breakdown above is our current parenting schedule.
I suppose what I''m saying is, that even if we share the nights evenly ie.365/2 according to the calculation wizard on a few sites, I still need to pay £61 per week.

  • Lostboy67
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10 May 12 #329745 by Lostboy67
Reply from Lostboy67
Hi,
My understanding is that the CSA will be changing to a new system (if it hasn''t already) which is based on gross rather than net salary, but under the new scheme in cases of 50:50 care there would be no payment due.

Regards
LB

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11 May 12 #330049 by halflifedecay
Reply from halflifedecay
I called them this afternoon. There''s changes it seems, but noone knows what they are and they won''t be in place until later in the year.

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