fair split

hello
we have been married for 13 years with kids 11 and 7
we will applynfor non fault divorce
if we agree ourselves on asset split ie 60:40 in wife favour, and Clean Break and no spouse maint payable, can coourt change this during Consent Order and ask for bigger split and additional spouse maint?

i earn 4300 per month net
wife 1000
we have family home net profit 230k
btl 115k
savings £54000
pension me 50k
wife 1k

my view
me gets btl 115k + 44k (40%)
wife family home profit from sale 230k+9k(60%)

i would offer 28k pension me and 22k wife

would this be see as fair?
my solicitor said yes what if she agrees and hersolicitor get her to change her mind? can judge ask for more?

no spouse main payable as after her salary cb and child maint, she will be +100£ per month

Is £239k+ mortgage capacity on £1k per month sufficient to house her and the children is probably one of the starting questions.

If you are submitting a Consent Order to the courts rather than in an active case then would reject it rather than change it if they thought it unfair

on top of239k she could get 28k mortgage and she could buy 2 bed property for her and kids
salary 1035-+ cb 140+ child maint£810 and she will have £100 over monthly expenses
she could also get universal credit if no spouse maint payable at around 535( includes child b£)

What is the price of a 3 bed given the ages of the kids and the lack of mortgage capacity?

On the face of it it looks heavily sided in your favour currently, what has her solicitor proposed or responded to that offer?

Her receiving the house equity and savings vs you keeping the BTL and pension looks like a feasible option for achieving a suitable property in theory for both of you.

But this is filling in the many gaps we don't know about the circumstances and the bigger picture

she would not be able to afford 3 bed but 2 bed flat in current area for up to £265k

would 60:40 be fine for clean break or 70:30?

also i was told by my solicitor this 60-40 would be fine for clean break and 50-50 if spouse maint payable?

Your solicitor is a paid professional who will know the local courts and has presumably been furnished with all of the details before advising you.

I assume your children are the same sex but it appears unfair to suddenly expect an 11 and 7 year old to share a bedroom in a flat if there is no need to and they are used to having their own rooms and living in a house with garden etc.

Are you sure your ex will be able to get a mortgage based on those figures as a lot of lenders will only take the earned income into account.

If you come to an agreement with your ex but the court think it looks unbalanced or unfair, especially with children involved, then they simply won’t agree it as court order. Ultimately if you and your ex can’t agree the court can decide what order they will impose.