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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.


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Asking for mediation

  • fedupaes
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08 Sep 08 #46627 by fedupaes
Topic started by fedupaes
Just a recap
15 year relationship and 9 year marriage
1 child 12 years
His pension £76K, mine £2K
Equity in MH approx £60K
He has been left MH for 4 years and paid no mortgage etc
I have paid all mortgage payments for 4 1/2 years
4 years later he decides he wants 1/2 equity
His solicitor says I will get none of his pension offset
My solictor says he is not entitled to half and 20, 25 and 30% offers have been made and rejected by husband
He is dragging me to court for 1/2 equity or order to sell MH
FDR in 5 weeks.
I have asked for mediation 3 times, his solicitor rejected on sxtb's behalf once, and been rejected a further 2 times
Is it worth asking for mediation again? Is he really entitled to 50/50. I have asked this before but his solicitor is making me doubt my beliefs.
I can barely afford 50%, will cost me £700 a month to give him this, I will not be able to cope financially
What do I do next??

Who do I believe?

  • TMax
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08 Sep 08 #46639 by TMax
Reply from TMax
Hi
firstly I take it that the child is with you.

You are in the MH so therefore you have a better footing than he does. do not move out do not sell do not agree to anything they want they are just pushing it to put the frighteners on you.

His pension yes you are entitled to half of that as you are entitled to half the house. HE has to get his pension valued for the financial hearing and you are allowed to see it if you have a SOL then they will receive it the give you a copy, the assesment will be under the true value so it will be up to you to get its true value done by and assesor unforutnatly it is around 600 I think but it will be a true value which could well be a lot more than they tell you.

I take it all these offers have been put on papaper and refusal for mediation.. fare one :)lets see him tell the judge why.

Is he paying you maintenence for the child. Its not for definate but it will be above 60% that your entitled to so let him and his sols rant on, make no more offers, His housing needs are met I assume so therefore this again puts you in better standing best he can do is put a charge against the house and when you sell further down the lne he can get a % share of the sale price.

You dont mention if you have a sol or not but you can give the number on the front page here and have your free 30 min chat or use the search a local one to where you live.

We are not legaly trained here but there are a few who are and may be able to advise you also.

  • hadenoughnow
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08 Sep 08 #46640 by hadenoughnow
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fed up,

50% is the start point - but that includes his pension fund too.

Have you looked at this from the needs perspective?
Where is he living now??

How is he funding it?? Is your mortgage a repayment one?Or is there an endowment policy to pay it off??

What about your needs - is the FMH too big for your needs? How much could be released if you downsized? Bear in mind this may well not be worth doing because the saving may not be much.

I know every situation is different but at my recent FH I got the house, he got the endowment (less than 20% of the FMH assets pot) and he got to keep his pension - CETV was 100k more than mine. What the judge ordered was exactly what he was offered and rejected at FDR.

Hadenoughnow

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08 Sep 08 #46645 by fedupaes
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The MH is a 2 bedroomed ex council property. It has 1 kitchen, 1 bathroom and 1 living area downstairs. I have my bedroom, my daughter has the other. It is nothing special, just our home that I am fighting to keep.
I had it valued on Friday for the court; valued at £84,950. Mortgage is repayment and I have made 52 payments to date, him 4 payments. My sxtb has stated on his EForm the house value is around £110K.. Oh dear, he is for a bit of a shock. My home has been realistically valued to sell and is one of the cheapest properties for sale within the catchment area of my daughters school. This is very important I think as we live right on the edge of the catchment area. Surely I would not be forced to sell it just to give him what he wants? I am sick of the bullying tactics of his solicitor.
He on the other hand, rents a nice 2 bedroomed bungalow with garage. From his Eform and bank statements he manages very well with a good social life as well (according to his bank statements he likes his meals out).
Getting back to mediation, I have asked 3 times for mediation and 3 times it has been rejected. Surely this is going to look bad on him also ?

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08 Sep 08 #46651 by TMax
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Ok it looks like he is going to argue the point then so the court will get a valuation from one company and this company to be agreed by you both.

No he is already in a home and the court do not throw people out just to give cash to one half so I would say you are safe. untill your child is 18/19 if in full time education you and your daughter need a home.

I take it he does give you child maint, have you checked on the calculator on this site, give you a rough idea of what your are due, on the day tho its the judge who makes the decision and takes into acount all things when making his thoughts heard... different judge may mean a different thought process, in then end its all on how far he/you want to take it. Are on legal aid.

  • fedupaes
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08 Sep 08 #46653 by fedupaes
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The valuation is from the company that he choose out of the 3 that I had to pick. They came out, valued it and it has been sent to court.
He does pay maintenance but it is about 4% of his net salary. This was identified by judge at first appointment.
There is a shortfall of around £6K that he is refusing to pay. So next stop CSA I think.
I am not on legal aid, neither is he to my knowledge.
I have offered what I can afford and he says it is not enough. I would hope that mediation would show him my financial calculations of what I can borrow. I cannot give him what I dont have.

  • hadenoughnow
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08 Sep 08 #46674 by hadenoughnow
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fedup,

I would say CSA is a MUST for you.

I also cannot see that you would lose your home.

You have offered him 30% of the equity. That's 20k -plus his pension. That seems more than generous to me. You may want to make that - or one of the lower offers (20% wd be 15k) - an Open Offer. That offer would carry through to FH if he insisted on going that far ... and it could strengthen an argument for him to be liable for your costs. There is every chance that he will end up spending more than he is asking for and end up with nothing.

silly man.

Hadenoughnow

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