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Clean break settlement

  • Telimena
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22 Apr 17 #491357 by Telimena
Topic started by Telimena
If the starting point for any settlement is 50-50 why does the calculator invariably split 70-30? There is a child but he is nearly 16 yrs old and all his school fees etc are being dealt with separately. The length of the marriage is 20 years.

  • WYSPECIAL
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22 Apr 17 #491358 by WYSPECIAL
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I wouldn't place much faith on the calculator. It is a very rough tool that can't take in all the complexities and variables.

If you want a few opinions post details of ages, incomes and assets and you'll get some ideas.

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22 Apr 17 #491360 by Telimena
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thanks for this. My circumstances are we have a few properties so no concerns about accommodation. My wife and son (age 16) live in the matrimonial home and I have a flat which we own. We have put both properties into single ownership to avoid any CGT. We have 2 other properties which are rented out.(asset value £180k rent £9k pa)

I am retired and live entirely on my pensions (total £40k per annum). My wife works and earns around £35k. There are joint savings of c. £300,000.

I have a CETV for my pension of £600k and my wife's is £350k

I am hoping for a Clean Break with a pension compensation order to iron out the pension differential....the flat and former matrimonial home are worth similiar amounfs (£550k)

I was hoping to keep my pension intact, give my wife the rented properties and split the cash to equalise the overall assets, pension and cash. Is that reasonable and fair? Maintenance has to be agreed but not a big stumbling block I hope.

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22 Apr 17 #491361 by WYSPECIAL
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Seems like there are plenty of assets for a straight 50/50 split with all needs met.

Probably cheaper to even out the pensions using the savings or buy to let properties.

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22 Apr 17 #491362 by Telimena
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Many thanks..

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23 Apr 17 #491375 by Wolfman67
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We put a lot of accurate detail into the Divorce Calculator and it came up with 80/20 asset split in favour of Mum of four children, 15, 17, 19, 20 all living at home. We both want what's right and fair for the kids as well as Mum and Dad. Dad's pension value is c300k and all other assets c150k inc pension from Mum's p/t job, cars and equity in family home. So 80/20 split means Dad finding c83k, probably from commuted pension lump sum on retirement in c5 years, as well as taking over all of mortgage whilst Mum owns house as home for kids.
Is this usual?
Even 50/50 would entail Dad paying half the mortgage whilst owning none of the house and finding a further 11.5k.
Is this a more likely settlement?
Also, there are two figures for maintenance for Dad to for the children/Mum. Which is the legally binding one?

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23 Apr 17 #491376 by WYSPECIAL
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As I said previously I wouldn't place too much faith in the calculator.

In your case two of the children are already adults so probably won't come into it.

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