Fair Settlement

Please could anyone advice what would be a fair settlement?

Children: Two children (girl age 4, boy age 2)

Nights with each parent: hoping for 50/50 shared custody
Length of your marriage: 5.5 years
Period of pre marriage cohabitation: 1 year

Husband income: 70k
Wife income: 16k (part-time)

Outgoings: mortgage 1.5k per month, plus bills and childcare

Assets:
Equity in house approx: 118k
H pension: 45k
W pension: 24k
Total assets 187k

No savings or debt between us.

Any help would be appreciated, thank you.

What is current status quo for looking after children?
What were the plans for when they go do school?
How big is current house?
How much is a three bed house in your area?
How will you afford to buy and run two of these?

Hi, thanks for your response.

What is current status quo for looking after children?
I work part time, husband does school drop off and I do the pick ups. I could easily do both runs though. Husband works Monday to Friday 9 to 5, I work Tues to Friday 9:30am to 2:30pm.
What were the plans for when they go do school?
To continue the way we are.
How big is current house?
3 bedroom detached
How much is a three bed house in your area?
350-450k? I'm willing to get a two bed but still wouldn't be able to afford mortgage on my own.
How will you afford to buy and run two of these? bedroom
I wouldn't be able to afford it. Full time equivalent I would be on 28k.

Its probably going to be around 75-25 split in the wife's favour. A lot will depend on mortgage capacity, cost of new flats/houses, and the views of the Judge. The husband may have to wait until the kids turn 18 to get his 25%.

There will probably also need to be a nominal spousal maintenance order until the children get to secondary school.

Seems like a simple divorce to me.

Thanks for your reply.
I wish it would be a simple divorce. Husband is not willing to talk to me and has instructed a solicitor whereas I cannot afford.
I've so far have had one hours paid legal advice.
I told him I would be entitled to more than 50% and I think that rattled him.

There is a huge difference in income and a lot of very young children (2 children).

Also, the children are different gender so can't share 1 room.

I would guess the split is going to be around 75-25 Clean Break but some Judges will say 60-40 plus nominal spousal maintenance and other Judges might do 80-20 plus actual spousal maintenance.

Spousal maintenance will depend on what he can afford and what you need each month. So you will need to do a calculation.

Having a lawyer isn't going to make much difference in this case. This case is very simple. There are no businesses or trusts. A Judge isn't going to do 50-50. It doesn't matter if you do or don't have a lawyer. Judges are not stupid. This is obviously not a 50-50 case. Worst case scenario it is 60-40 plus nominal spousal maintenance but it is probably closer to 75-25 plus actual spousal maintenance. Depends on the Judge, mortgage capacity, and cost of new properties.