Advice on possible settlement

Maisy

The mortgage is only small, much less than paying rent. As I say stbx pays 600 per month at moment and I will use my lump sum to live until it runs out if I cannot get a job.

I live in a deprived are of the uk and jobs are few and far between. I have been on courses to get more qualifications and am waiting for an interview for a temp job but there is nothing permenant.

I am more worried about surviving if I have to leave this house as even renting in this area will cost me double.

Julie

All assets /pensions would be taken into consideration by a court. The starting point would be 50/50 and then adjusted after taken into consideration the section 25 criteria of the Matrimonial Causes Act.

Have you considered mediation? If your ex is refusing to communicate and you are not in contact with him is he using a solicitor? You are in the home it is up to him to take some sort of action if he wants to reach a settlement. If I were you I''d stay quiet and bide time in the home.

Just another thought are you claiming all the benefits you are entitled to e.g single occupancy discount for council tax, job seekers allowance etc?

Thanks Maisy

I think you are absolutely right. I just panic when son drops out little nuggets from stbx (like he want smoney to buy a touring caravan). I have no idea what he is doing as not spoken for two years. I guess I will just sit tight and see what happens, as you say if he wants house sold he will have to act first.

I appreciate your help as I have no close family and I cannot talk to my daughter as she is anxious about losing her home as it is.

Julie,

Financial settlement is based on what assets exist at the time of divorce. His redundancy may well have been spent oniving costs.you will only know when you get financial disclosure.

The 15k you have is part of the marital pot.it makes the available cash some 165k. You could assume he still has the 9k. So 174k.
If you had 125k, he would have 49k. This is just over a 70:30 split of cash assets - the top end of the spectrum of fairness.
As he is younger, earning etc it may be argued that your need is greater but tbh I am not sure you would get more than the amount needed for a one bed place.

As I said, the other issue is the pension. CETV undervalues an Nhs pension. As it is in payment, it is cash equivalent benefit that counts. That is my fag packet calculation of 200k. An actuary may come up with a bigger number. His cetv is roughly half what yours was. Had you not taken the pension, you may well have been looking at a pension sharing order in his favour to equalize income on retirement.

As it is, you could see it as you already have some 65% of the pension pot (cetv based).

He may agree to let you stay put for three years while he contributes to mortgage. He is paying some 350 a month above cm so you could argue this is sm and should continue.

You need to investigate what benefits if any you could get.

Your best hope is getting an agreement between you. If he agrees, it is possible you would get a 70:30 cash split past a judge in a Consent Order. I am not sure this is what a judge at
Fh would order especially given the pensions situation.

Hadenoughnow

Thankyou Hadenoughnow

I guess I will wait and see what he does when daughter leaves.

I beleive he has spent his redundancy so I gues my best option would be to spend as much of my lump sum as possible. He lives with OW though denies this so his outgoings are halved.

My children will be furious if I am left with nothing but I guess the law does not care about people as you say.

Many thanks for your help.

Sorry to keep harping on with this post but I am extremely worried about the prospect of becomin homeless.

I realise I have made an error in stbx income, stated as 1600 per month which is in fact what I earned before leaving work.

His monthly income is 2100.

Will this change anything?