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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.

 

Does this settlement sound OK

  • WillowWind
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08 May 24 - 08 May 24 #523030 by WillowWind
Topic started by WillowWind
Hello, we think we have come to an arrangement but I’m questioning does this sound like a reasonable split given the info below.


Ages me 43(M), stbx 45(F)
One child age 7 lives with stbx, I have the child at mine every other weekend, I'm not involved with them very much in between.

Pensions me £15k, stbx £50k
Property equity might be about £300k. Mortgage 320k
Both have a car, me £2k, stbx £10k
Bank accounts/credit cards me about £5000 debt, stbx about £8000 in the bank, she’s managing everything, paying all the bills etc.
Businesses mine in debt by about £20k, hers with £50k in the bank she’s going to put into moving house and hopes to get a manageable mortgage.

Married 12 years, cohabited 10 years before. We kept separate finances and put percentage of bills based on number of days worked in joint account. She thought we earned the same and didn’t know how much I earned/owed until disclosure during mediation. Or that I didn’t contribute to my pension etc. Or that my business was in debt. (my dishonesty of omission/letting her believe what I wanted the truth to be).

Income me self employed around 30-40k not likely to increase, stbx anticipates around 50-60k or less because she will be basically full time sole-parenting and trying to fit in freelance work around it. We lived near to my work, not hers as I wanted her to be home more, so I could be out more. I’m not very involved now though. She is freelance but has been working more hours to keep up with mortgage and earned about £120k last tax year and £90k tax this year. Just to keep the roof, because I don't contribute to the bills at all.

Mortgage is a lot every month because it went off fixed rate and onto variable when I moved out and I didn’t respond to her trying to contact me to get it sorted onto a fix.

I don’t contribute financially, live with my family of origin. I owe my dad for the residence, although I’m not paying him currently.

I moved out of FMH about 6 years ago, went back sometimes until Sep 2022 stopped going back at all. stbx lives in fmh currently with child, she’s working 2 jobs to pay for it all, 12 hours+ a day, trying to fit it in when child has been put to bed.

She filed for divorce to try to keep the house from going back to the lender because she can’t keep this up for the next 20 years..

We’re going to keep own bank accounts, pensions and businesses and split house equity 35% me and 65% her because she has the child and does most of the parenting as well as trying to work.

Does this sound fair? She can’t remortgage to raise the equity to buy me out, especially with interest rates now, so house will have to be sold to pay me off my 35% and she will try and buy somewhere else, hoping to not have to relocate the child/school etc but maybe they have to relocate because we are in the south and she won’t be able to work and parent and afford mortgage by herself. Maybe she can move closer to her work, otherwise she can only take contracts which are working from home (not as many now)

Does this sound a fair split?
Last edit: 08 May 24 by WillowWind. Reason: Clarity

  • WYSPECIAL
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08 May 24 #523034 by WYSPECIAL
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It’s a long difficult post to follow but it looks like your ex is getting the majority of the assets but the FMH will be sold.

Who is proposing this settlement? Are you both happy with it?

  • WillowWind
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08 May 24 #523035 by WillowWind
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Sorry, the paragraphs lost their formatting. We've ended up at this conclusion kind of together, with mediation (which ended because I shouted at stbx and the mediator) and then some with solicitors. And then some together. Probably none of it is what either of us wants but I want to be rid of all the responsibilities and expectations and the expense. I don't want the demands of having to be working all the time and having to pay for mortgage, house, child, everything. And I don't want to sort any of it out. I can't begin to do it. Or talk about any of it to anyone except strangers online!

She can't work so much to pay mortgage and also do all the parenting. I can't stay there. So she filed for divorce because I can't talk to her or even begin to get anything sorted. I've been away from them for years and left her to it. I didn't work much all these years, didn't contribute to my pension etc.


She worked for all her pension since the time I wasn't there anymore. We had about equal pensions before we separated. Same for her money in the bank account, she worked for it while I wasn't there. Its going to rehouse her and child.

  • hadenoughnow
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16 May 24 #523074 by hadenoughnow
Reply from hadenoughnow
I would suggest you run this past a lawyer to satisfy yourselves this is fair and will be approved by a judge. This site has a fixed price legal financial consultation service you may want to consider using.

Hadenoughnow

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