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Financial Settlement - involving abuse

  • monkeyboy
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7 months 2 days ago #510607 by monkeyboy
Financial Settlement - involving abuse was created by monkeyboy
Hi

Firstly thanks in advance for the help.

I would appreciate advice on a financial settlement. I am husband/father and the wife has started the Ancillary Relief process ( I petitioned for divorce and started child arrangement order). First Finance hearing set for March, discussed with STBEX that we try mediation first. So I want to get an idea of what to offer during mediation. Else I'll let it go to Court where I presume I may get better treatment given the abuse suffered and the fact I am caring for the kids.

In my current situation, all my income is going on keeping me and the 2 children going and keeping me in a job - childcare is coming to about 2.5k a month! So i hope the topic of spousal maintenance for her is off the table.

I'm really keen to understand what kind of capital I need to be prepared to offer for a clean break, but also mindful that my employment situation may be fragile as I've had to get flexibility from employer given the childcare situation. This means i am getting to work later and leaving a lot earlier. And so I can't easily go and work for another company - my industry does not embrace flexibility. So i am really quite concerned about giving too much capital away as I am in a bad spot if i lose my job and find myself unable to pay the mortgage.

I'm also keen to understand whether the domestic abuse falls into the category of 'conduct' as mentioned in Section 25. Events over the last 2 years were awful, but the reality is it's been going on for around 10 years and it's held me back in my career a lot.

Appreciate it's a complex case. If you can't answer for me, please point me in the right direction..

Some details below:

• Husband (me) is 42, wife is 36
• Married for 15 years, circa 2 years cohabitation before marriage, separated in April via Occupation Order.
• Children aged 10 (girl) and 3 (boy). Both children live with father (me) spending one afternoon with her each week. History of domestic abuse to me and children - Child Arrangement Order underway in the courts. She was removed from the fmh via Occupation Order.
• Income - me : 130k, her - believed on Universal Credit (she was caring for children before abuse came to light). She has never really worked in the past apart from some token roles in cafes and the like.
• Home valued at 520k
• Outstanding mortgage of 250k, 250k in offset savings ( means i could pay down the capital today if i wanted to ). Home is in my name. She made zero contribution to it despite having some forms of income in the past.
• Savings of 80k
• Pension - around 300k
• Assets - cars totalling 40k, watch of around 6k, engagement ring 6k
• Debts - 25k - all 0% credit card so could be cleared from savings

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