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How to calculate a fair financial divorce settlement

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Interesting Reading...
The whole system is far too ambiguous for the vengeful party to deplete the overall assets because they simply want to drag it out and play the game. That should be heavily penalised.
I totally get the issue that there are unfair offers and people who want to deliberately cut off the other but surely there is a better, fairer more just way of ceasing the incredible costs incurred when one party simply does not want to come to the table at all and just live off their spouse indefinitely!
You pay for your legal counsel to send requests and offers and the other party simply refuses or their representation is so dire that even they fail to respond within a promised agreed timescale... Costs should be made to be accountable to those who can be clearly identified as procrastinating and dragging on the issues that could have been dealt with much sooner. only then will this stop. The only real winners are the law firms and the court systems.
informative but omg!
I find it very frustrating that someone can come into your life and take whats yourse just because you share DEBT (mortgage) My husband came to me with nothing but debt. From my inheritance i paid off his debt so we could start with a clean slate, i paid for us to get married, put a 10k deposit on a house, deposit on a car and did 30k worth of improvements to our home, which i had lived in for 13 years previously as a council tennant. then he gets inheritance and leaves, im left with all the debt of the mortgage and loan, overdraft and a credit card ive had to get to be able to eat, and put fuel in the car to get to work, im 2k into an overdraft in joint names, and he gives me nothing, ive gone from being boyant to sinking fast, and now he wants me to sell the house so he can have "what he is due", how can he be entitled to half of the equity, when i cant claim back what ive put in to keep him off the debt radar? in case you cant tell by reading this i am very disillusioned. i loved supported, cared for nurtured this man through a business break down a personal break down, clothed him, fed him, put a roof over his head, now he wants blood too....very hurt and the law should take things like this into consideration please.
Dependent Vulnerable Young People
I read this article with interest as i have been married 35 years, have always managed to work full time and still take care of our children, do all housework etc. We have a son with special needs and i have always managed to find work around him. Our lifestyle will depreciate greatly on my salary alone and i wanted to know what happens when I retire and cannot afford the outgoings on a property for the both of us. My son is in supported work for just sixteen hours a week and earns little.
it's seems that from reading this article that the Court would take lifestyle, pensions etc into consideration. It has given me some reassurance as my husband is being very intimidating in his view of the situation.
Nicely explained but still too complex, all I want is a fair division of assets so that we can both get on with our lives. Unfortunately she insists on dragging things out which costs more money and leaves less in the pot at the end of the day. I can't afford solicitors any more yet she appears to be able to afford them and I am the breadwinner! Grrr....LOL
Non matrimonial assets
When I married my wife had been given £150,000 by her parents before our marraige. I had little money a few thousand but raised a mortgage £50k) based on my salary and paid all the bills. I paid a good deal of it off quickly.

We have used some additional 'family money' to buy our current house. I put a huge amount of work into design and getting planning permission, managing builders etc, I also put a small amount of my own money in. I think my wife was given a further £250k after our marraige. She expects to inherit another £1m in the next few years. She is also director of a family company which controls about £4m in investments.

I have continued to pay all of the bills. We now stand at around £1m with no mortgage. Our marriage has lasted 10 years. We have 2 children.

The "what goes in is what comes out rule" is hopelessly muddled after this longish period of marriage. We are asset rich and can easily afford to split assetts and buy us each a house.

What view is the Court likley to take?
great help
This is all very encouraging. Hubby left me and 11 year old son and has moved in with his boss from work (new job he started 4 months earlier) Says he can't keep paying his half of mortgage. He earns good salary I work part time to look after son and earn not much. Says I will have to sell house and I think he thinks it'll be a 50/50 split! Son also at private school which just before he walked out we remortgaged house to limit.Would love to get a solicitor as I believe I should get more than him but hear it's so expensive and best to negotiate yourselves? Don't think that will work!!
Whats Fairness or Justice got to do with it??!!!
My situation is that he walked out on his job without any consultation with me, didnt work a notice period just came back one day to say he is no longer working(argument at work). I was left to become the breadwinner overnight, which I did for 6years, working overtime and weekends to pay for school fees, mortgage, bills, holidays etc. Since separation I have continued to pay all the school fees for both children and all day to day costs from my income, he contributes very little. He now wants 50% of all assets which I am happy to give him if he re-imburses me for 50% of the school fees for the last 3years. He has refused this and doesnt want to pay his 50% of past expenses but still wants 50% of assets. He claims he has a low salary(lied on E form) and so he may well get the courts on his side if it is based on income. I've been honest on all documentation and it appears I may suffer for it!!!! Its certainly not fair or just!
Good summary but doesn't really help me
My situation is that I am both the breadwinner and the homemaker. He pretty much had a free life whilst I looked after the needs of his children and mine and was the main breadwinner, though we both work.
I took his children in and treated them as my own when their mother deserted them and moved to Spain three years ago. I remained the breadwinner but changed jobs and slowed down my career to care for them.
I paid pretty much all the bills (yes I know I was a mug), did nearly all the housework and I was the one to take time off when the kids were sick.
So 50:50 doesn't really seem fair. Unfortunately he has lower earnings and now responsible for his own rent means a drop in lifestyle for him and his children - however he should have thought of them before he decided to cheat.
Re-assured slightly
Thanks for review. Just in middle of complictaed settlement and very nervous about it (it taken 8 months so far) and just about to begin court proceedings as nothing has been agreed and disclosure not made by him. Just want to ensure 3 children and myself o.k. Work part time, but used to work and earn good wage pripr to children.
Comprehensive and reassuring
(Updated: July 09, 2009)
Thank you this is a very comprehensive detail of what the courts take into consideration when looking at possible outcomes.
The reassurances given are quite good, things such as the main carer, homemaker/housekeeper being taken into account; and the compensation factor for their loss of career status due to a previously agreed need for that party to be the main carer. It is nice to know that these things are not overlooked.
Also the earning capacity and need to develop a career or employment status being taken into consideration is very fair.
Anyone who has property prior to getting married will be glad to read that that is also considered.
Anyone who has left already and is co-habiting with a new partner, has their housing needs met; this is also a key factor of divorce, especially if the remaining party has nowhere else to live, or no means of obtaining such.

So many of the things that are taken for granted during a marriage can become worrying issues on divorce. Especially when one party is threatening an unfair outcome, reassurances are desperately needed.
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