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.
 

What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

 

Settlement and property advice please

  • CB12
  • CB12's Avatar Posted by
  • New Member
  • New Member
More
22 Dec 21 #518438 by CB12
Topic started by CB12
Hi, thank you for reading my post.

My husband and I have been separated for over 6 months now but still live together in the family home. He works onsite, so can't move away to family and work from their home, plus we don't want him to be too far from the children (who do not know about the separation yet).

We are waiting to apply for the new 'no fault divorce' in April 2022 and are struggling to work out how to get our finances in order before then. I wondered if anyone would be able to provide advice on what a settlement might look like and how they practically go about starting to put that settlement into place. It isn't easy living together but we are being as amicable as possible and would like this to continue so that we minimise the impact on our children, but would also like to be able to move on as quickly as is practically possible.

Husband (38) works full time and currently earns £56k +5%, but he might be increasing to £75k +10% bonus. Of course this isn't guaranteed, but he's pretty confident and I wasn't sure what impact this would have.

I (38) work part time, 2 days at week, at £12,000.

When we re-mortgaged last year, our property was valued at £528,000. Our mortgage is roughly £260,000

We borrowed more on the mortgage for home improvements, which obviously won't happen now. This, with our other savings, brings the total to £100,000 in savings.

I'm afraid I don't know what the pensions are worth - sorry, i know that this can have an impact. My husband has only being paying into a pension in the last two years. Can we assume that the pensions are roughly equal at the moment? Of course, his will be worth a significant amount more than mine when it comes to retirement, but I presume that the settlement is based on the current values? I paid into mine from a younger age, but my contributions are now minimal as I have a much lower paid job since the birth of our second child. I wasn't sure how to work out their current value.

We have two boys, aged 6 and 3.

As far as I'm aware, we have no debt aside from the mortgage.

We're thinking that the boys and I would stay in the family home and part of the savings would be used as a deposit for a 2 bed place for my husband. We envisage the boys would stay over every other weekend, so either 1-2 nights every fortnight depending on what time he gets home from work on a Friday night.

I will not be able to afford the mortgage and running costs alone. My husband is happy to contribute - we weren't sure if this would be through a higher child maintenance rate to enable a Clean Break or through some kind of spousal maintenance. I will also try to increase my hours - if i go full time i could earn £30,000 but this isn't guaranteed. I have looked into the price of three beds in our local area (EN1), but they are not much cheaper than what we currently have (4 bed as there is a loft conversion). Our house could do with some improvements, which might limit it's value. While I would quite like to move for the fresh start, once you take into account fees and stamp duty, I don't think we're any better off moving. We could use any savings left over after my husbands deposit to reduce the mortgage of the family home, but this impacts the % split.

Sorry for the very long post, but I guess we wanted to work out what would be considered a fair settlement in terms of equity split and maintenance, and if we agreed amicably that I could have more so that the boys and I stay in the family home, would a judge reject this?

Should we wait for the divorce before looking at flats for husband and working out what to do about the mortgage on the family home?

I'm sorry for being so longwinded! As you can probably tell, I'm panicking a bit about the future and wanted to give you as much info as possible. Thanks again!

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
23 Dec 21 #518441 by hadenoughnow
Reply from hadenoughnow
Are you intending that your stbx should rent or buy?? Bear in mind his mortgage capacity will be limited if he has to stay on the mortgage of the former matrimonial home (FMH).

Find out your entitlement to in work benefits. Child maintenance doesn't affect these but spousal maintenance would. See what other steps may be taken to increase your income.

It is worth doing a comprehensive budget so you know what exactly you need to live on.

Check how much you can reduce the mortgage without penalty. I think it is usually 10%a year.

Look at alternative properties and do a proper costing. Ideally you should each have fairly similar housing. It may be more modest than what you are used to.

Be realistic about financial settlement. The start point is usually 50:50. There has to be a very good reason to depart from that. It may be that one party has to wait for their share.

If you are waiting for the no fault divorce be aware that as far as I know there are plans for some sort of cooling off period so it may take longer. If you want to divorce quickly you can use the mildest possible unreasonable behaviour grounds that you have both agreed to. Do a search of the posts for examples.

Hadenoughnow

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.