mercher order

negotiating with ex and she has offered 10 k for me to come off mortgage and sign to her. i am asking for 22 k as i am 10 k in debt and need 12 for a deposit to buy a flat and start again.

house worth 140 000. paid in five years and shortfall to be met by endowment.

i know its difficult without all the figures but my question is if there is not enough equity to allow a meaningful Clean Break would a court consider a mercher order. youngest is 9 and i am happy for them to stay in the family home.the mortgage is paid in 5 years anyway.
i pay £50 above csa to keep the peace and have been plunged in debt by having to go for contact order and furnish my home for kids.she claims that she is paying mortgage now it strengthens her case. i though child maintenance was to help with accommodation costs too.

is the court generally fair or can she push for a settlement that would leave me with nil after debts cleared?

.she has been spending like mad and fear she has accrued debts which reduce the pot further. also i have a reasonable pension some of which pre dates marriage, she has claimed her pension is miniscule however she has worked for la for 20 years albeit part time for most of that period and claims she opted out which is ambiguous.
would i get access to pension records if it went to court? sorry for rambling questions. her salary is half mine but is there an argument that she could return to full time when youngest is in senior school?

Within reason you can agree between yourselves what you like as long as it is within a broad spectrum of what is considered fair i.e. complies with the law. There needs to be balance though and it''s unlikely someone would end up with nothing unless there are hardly any assets.

A Mesher type of arrangement is only really appropriate when there is no other way of keeping a roof over the heads of children. Apart from tying divorced couples together there can be problems rehousing when the conditions are met to trigger a sale. By the time youngest child reaches 18 or finishes university it may not be possible for either party to obtain the usual 25 year term mortgage to rehouse.

So the first consideration is whether the the former matrimonial home can be sold to release equity to pay a deposit to enable both parties to rehouse adequately. If the property is worth £140k this is unlikely. The next consideration is both parties mortgage raising capabilities. If your wife can raise a mortgage would she be able to take on the mortgage and pay you off? If not can she pay you something towards a deposit?

Bear in mind that if your wife can''t release you from the mortgage it will effect your ability to raise a mortgage.

Pre application disclosure is voluntary but once a court application is made full disclosure is required by the courts. Where assets originate from becomes less important with the passing of time so if it was a long marriage the entire value of the pension is likely to be shared.

Does that help?

yes many thanks. she seems quite confident that she can pay ( she has family support and an inheritance will be due soon(and as stated the mortgage can be paid in five years. the difference between us is 12 k. i am 51 so would need at east 10k to pay out for a small property 80k.


the only other option would be to reduce child maintenance to counter balance the 12 k short fall? is this ever agreed and is it binding as a Consent Order or can she go to csa at later date? i currently pay 434 a month about 50 above cs limit. boys nine and 12 so i make that 15 years of CM unless college looms.maths not a strong point so approx reduction of 75 a month.


the mercher ofder would leave me aged 60 and her 57 albeit with some money to pay for a smaller property each? many thanks

Provision that restricts the right to apply for child maintenance is void so you can''t prevent your ex claiming child maintenance or vice versa should the living arrangements change.