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11 Dec 09 #168758 by Joiner
Topic started by Joiner
Does anyone know roughly what I would be entitled too ?

My salary with tax credit £1,300 net
His £2,200 net
two children with me
House Mortgage 72,000 value £180,000
Endowmnent 17K surrender value
Pension me 17K CETV
Him 112,000 cetv
He pays £300,00 child maintenance
He is co-habiting

Any help much appreiciated
Thanks

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11 Dec 09 #168759 by dukey
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Hello

How old are the children
your age and his
how many bedrooms in the marital home
How long married inc cohabitation

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11 Dec 09 #168761 by Joiner
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Hello
12 and 15 years old
3 bedroom house
I am 37 he is 40
living together or married 17 years

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11 Dec 09 #168765 by dukey
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It`s a long marriage so the starting point for asset division is equality so half each, this then shifts depending on factors like income future income potential who is the parent with care and how many nights the kids spend with each parent.

How many nights do the kids spend with dad per week? sorry i forgot to ask before.

Your ex earns almost twice you at 2.2k and will probably have a higher future income potential.

H pension CETV 112k yours negligible.

H housing needs met.

Assets are equity 108k policy 17k and pension 112k CETV though the pension is not a liquid asset.

The priority i to house the kids preferably in the marital home, can you pay the mortgage?.

Does he want to keep the pension intact, would you be happy for that to happen in return for more of the equity?.

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11 Dec 09 #168767 by Joiner
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Hello

The kids stay with him fri/sat every 2nd weekend.

At present due to suffering badly at work due to recession my earning have dropped for 30K net a year to 13K obviously when hopefully thing pick up this will change again.

At moment paid mortgage and endowment 3-1/2 years soly average figures 30K paid out.

With financial circumstances at present cannot meet the household expenditure in its entirity. Not really bothered about his pension more concerned about the house. Bit concernend if he get a large sum when daughter turns 18 if i cannot pay it back the children are out of a home.

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11 Dec 09 #168772 by dukey
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With modest assets it would be wise to stay away from court if you can.

Have you talked about mediation to try and reach a settlement.

Thinking along the lines of providing a home for the kids do you think he would accept,

H retains pension 112k CETV
H keeps pol`s 17k
H retains interest in FMH via mesher order 10-15%

That gives you roughly 55-60% depending how you value the pension against the equity, i discounted it to 25%.


This would give you a few years to improve your income and get well and gives your ex a fair settlement bearing in mind the long marriage and that your income should rise to equal his ect,

Its just an idea and you should seek legal advice, but do think about mediation if the two of you can`t agree.

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11 Dec 09 #168776 by Joiner
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Already at court mediation a non starter tried before.

I will go and get legal advice but your proposal seems a good starting point to consider.

Thanks for all your advice.

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