The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

Finances

  • jess6
  • jess6's Avatar Posted by
  • New Member
  • New Member
More
03 Oct 23 #521887 by jess6
Topic started by jess6
Im 61 and my stbx is 58. Decree Nisi granted and a cost order awarded in my favour. No absolute until finances agreed. I have been trying to divorce for 2 years. After my stbx messing about and stalling for time we now have got a court date for 3 November.
My solicitor has put a proposal for 70/30 in my favour for the equity and 50/50 on his pension.
Background. I work 28 hours, just above minimum wage, been employed with the same company for 14 years, pension pot £5k. No children between us, but he fathered a child 10 years ago whilst married to me. Joint property with equity of around £280k.
His pension pot £250k.
Married for 12 years, cohabitated for 6 years.
I can get a small mortgage for £11k, though the repayments would impact my living conditions. He has a mortgage agreed for £100k and is saying he needs a 2 bed property as his child will be vising at weekends.
Truth: He has never seen this child and yet now he is saying he will be having him stay.
The reason I am divorcing him is for his serial adultery, he is cohabitating with the woman he left me for but is vehemently denying this with his solicitor and on the court papers. He is stating he is lodging with her and for his 'rent' he is updating the house for her. I don't know of many landladies who take their tenants on holiday or to expensive restaurants!
I have seen a small property for £165,000 which for the area where I live/work is reasonable priced, though does require some work.
He has put proposals forward for properties ranging from £220k - £250k.
I would be happy for more than 50/50 on the equity and little from his pension.
What do you think my chances are?
I just would love to get an agreement without it going to court. Its cost me thousands in solicitor fees as it is.

  • TrialRun
  • TrialRun's Avatar
  • Junior Member
  • Junior Member
More
05 Oct 23 #521896 by TrialRun
Reply from TrialRun
Only cohabitation would justify a departure from equality and that will be very hard to prove.

Some simple maths. Costs of going to a final hearing will be about £30k each. Deduct from the £280k property and it's £220k. 70% of that is £154k. So essentially you'll be gambling for about £14k. Less once you factor in sale costs.

And I think your chances of winning are close to zero and it's more likely court results in £110k rather than the £140k if you settle on 50/50 now.

To be honest I think your solicitor is an idiot for even suggesting 70/30 if there are no children of then marriage and you are both close to retirement.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

Financial mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £950

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support from £299

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.