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Advice on fair settlement

  • C48
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20 Sep 22 #520029 by C48
Topic started by C48
After some advice please.
I accepted all equity (£305000) from family home. Needed to get out quickly due to the stress of living together. Decree Nisi has been received. I’ve not yet signed Consent Order .
Ex has £250,000 pension plus shares of around £50000 however think it’s more
Not sure about savings. Would like an updated form E as don’t think ex is being honest

W age 48
H age. 50

H income £156000
W income.£ 20000. ( 35 hrs)

married 18 years. Together 28
3 children 21,17,14
maintenance £1450 monthly

Is this classed as a fair settlement . I can only get a mortgage for £100000. 3 bed property in my area £425000. Would need to use all my equity plus £20000 deficit. Currently renting

  • rubytuesday
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26 Sep 22 #520052 by rubytuesday
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If you would like advice from Wikivorce members as to what the likely outcome of a financial case in a divorce or civil partnership dissolution is going to be; you need to post the following information:

Your respective ages;

The number of children you have and their ages (including any step-children that live with you);

How many nights the children spend with each parent;

The length of your marriage and any period of pre marriage cohabitation;

Your respective incomes;

Your respective outgoings;

Your assets - both solely held and joint (ie property equity, pensions, vehicles, savings, etc);

Your liabilities - both in sole and joint names (ie credit card debt, outstanding mortgage, etc).

Any other factors, such as one person having limited earning capacity due to ill-health or a long career-break, etc.

This information is required so people may advise you on "What is fair".

If you would like legal advice on a fair financial settlement, please click here to see our fixed fee Financial Settlement Consultation Service.

  • C48
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26 Sep 22 #520055 by C48
Reply from C48
Thank you. have given most information in my post above. Age, income.
Children spend on average 2 nights weekly with Ex.
I stayed at home for 16 years to
Look after children and returned to work 5 years ago

  • TrialRun
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05 Oct 22 #520068 by TrialRun
Reply from TrialRun
Sometimes it's better to be blunt. You're getting a more than fair settlement. Your husband is going to be paying a significantly larger mortgage than you for the rest of his working life in an environment of higher interest rates.

Some other points about your post:

1) You don't have three children in the legal sense. You have two children. The child who is an adult doesn't count. If both your other children are the same sex then you only need a two bedroom house.

2) You might have stayed home for 16 years but frankly that was your choice. Given the ages of your children you could have gone back to work much earlier and you chose not to. Also, what were you doing before children? Something lucrative you can't go back to? If not, you've not really been disadvantaged by the marriage.

3) Your needs are already being met. Inequitable splits are only necessary when they're not.

4) Your mortgage capacity is higher than £100k. I know this for a fact because my ex-wife made the same mistake. You just haven't asked the right broker yet. A quick look using your details even at Santander tells me you could lend £130k, let alone more bespoke lenders. You might need to get a mortgage that is partly interest only, with a view to selling and downsizing when all your children are adults.

5) You are entitled to universal credit and should also factor this into your income.

6) You're young enough to retrain and improve your income. You're not going to be retiring until about 68 anyway.

  • debs78derby
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07 Oct 22 #520078 by debs78derby
Reply from debs78derby
More than 'fair' for you in my opinion, but whether that is 'fair' from a legal point of view I don't know.

Maybe you have been spoilt in the past but i'm sure you could get a 3 bed for much less if you shopped around, you are getting a lot of money and the kids should more than be looked after with £1,450 a month, baring in mind two of them could be earning themselves either now or in the near future.

He has a high income no doubt, but it should be about needs not wants.

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