Advice on Fair split

Hi all,

I am currently discussing divorce with my wife. We are both very amicable about it and know deep down that it is the right thing to do as although we get on we just dont love each other any more.....sad but unfortunately true. We are both mid 40's.

I was wondering if anyone could help with how we might draft our Concent order which would be approved as fair by the courts. Our assets are as follows.

House no mortage - £350,000 approx
Business - £100,000 sale value approx or £30,000 of stock at valuation if closed and stock sold.
Savings - £40,000
Investments - £10,000
Vehicles - £15,000
Household items split

I have a pension but my wife is happy not to take any of it and is happy that it is not taken into consideration (is this even possible??). My Pension is approx £200,000 but I have been paying into it for 10 years before we met and 15 years after.

My wife has a pension but it is VERY small in comparison and most paid prior to us meeting.

Now it gets slightly more complicated as we would like to stay living in the family home (for at least 3 years until our oldest child has finished GCSE's). I will be paying the majority of the living expenses for us all for that time with all my wages going into this - £160 per month lift for me. We would not sell the house and split the value until after this time period although it would need to be included.

I earn £2400 / month
My wife earns £850 / per month part time although this could raise to approx £1400 if she worked full time.

I thought that a fair split would be

Wife - 1/2 house value - £175,000
Wife retains the business - £100,000
All savings and investments - £50,000
Car - £9000

Total - £334,000

If my wife was to run the businesses (as well as her job as this is easy to do) it will pay her an addition £1200 / month (at least) giving her a total monthly income of £2050 part time or £2600 full time.

My split
1/2 house - £175,000
Vehicle - £6000

Total - £181,000

The difference in the split is so as not to include my pension.

Our income after split could be comparable if my wife chose to run the buinsess (her choice)

Does this sound fair?

We will share the childcare with me having the children Monday to Friday and her Friday eveings to Sunday.

We should both be able to afford to buy a house to accommodate our needs (with a mortgage).

To me this sounds like a fair split but any other views or experience would be great received.

How many children are there and what ages?
If you plan to remain living together in the FMH is there a rush to divorce? Surely the point of divorce is to separate fully - which would mean you each buying separate properties. How much would a suitable alternative property cost to buy?
Could your wife claim in work benefits to help with living costs?
You need to look at the assets and income you have between you (or could reasonably obtain) and your reasonable needs then work out the best way to meet them. If the business is worth £100k would it be worth selling it to increase liquid capital? How has it been valued?
As far as pensions go, you can offset pension entitlement against other assets - ie equity - but after a long ish marriage, especially with children, the whole pension would be shared (see Pension Advisory Group report). With a disparity in incomes it may well be appropriate for there to be an unequal split of equity/cash assets and an.equal pension share.
I would strongly suggest you each take independent legal advice on this proposal.

Hadenoughnow