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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.

 

Advice of financial agreement

  • mangogem
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18 May 24 #523094 by mangogem
Topic started by mangogem
Hi,I'm currently navigating the process of divorce in the UK and could really use some advice regarding the financial settlement. Here are the key details of my situation:
  1. Marriage Duration: My spouse and I have been married for 11 years.
  2. Children: We have three children, ages 8, 6 and 1.
  3. Employment Status: I am a stay at home mom, and my spouse is a locum GP earning approximately £120k-£200k per year through his ltd company. I was being made a director as well as him, and received a minimum wage of £12.5k a year and dividends from his company as a form of maximizing tax efficiency. Once the divorce is finalised, he will close this company and I will effectively be unemployed. I never had a job since we had our baby 8 years ago. He was able to work fulltime as a doctor and become a GP by having me to stay at home and take care of the children.
  4. Assets:
    • Family Home: We own a house valued at £170,000, with an outstanding mortgage of £115,000.
    • Savings: We both have savings, even though his is significantly larger in amount than mine.
    • Pensions:I dont have pensions, he opted out from NHS pension and currently only contributing to NI pension.
  5. Debts: Mortgage and small loans for the kitchen, less than £5k
  6. Living Arrangements: Currently, I am living in the marital home with my kids, he rented a house nearby. I have the older two kids for 6-7 nights a week, and 7 nights a week for the baby.

    The calculator showed me that I might have the right to ask for 70:30 split, and child maintenance. My husband refused to pay for any spousal maintenance going forward since he wanted a Clean Break. He was also looking more of a 50:50 split.
Given these details, I have a few specific questions:
  • What factors will the court consider when deciding on the division of assets and liabilities?
  • How is the family home typically dealt with in similar cases? Is it common for it to be sold, or can one party retain it?
  • What should I expect in terms of spousal and child maintenance payments?
  • Are there any strategies or steps I should take to ensure a fair settlement?
Any advice or experiences shared would be greatly appreciated. Thank you.

  • hadenoughnow
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18 May 24 #523097 by hadenoughnow
Reply from hadenoughnow
Welcome to Wikivorce but sorry you find yourself here.

I am very surprised, with an income of this level, that the equity in the FMH is apparently so low. There must be some substantial savings tucked away somewhere.

Financial settlement on divorce is based on needs and the means you have between you to meet them. Secure and stable housing for the children (and main carer) is a priority.

Ignore the calculator for now. It's quite a blunt instrument. What you need is full financial disclosure, an assessment of needs and help to put together a proposal that will be approved by the court. I suspect that will include using savings to reduce/clear the mortgage and a period of spousal/global maintenance (combined CM and SM) at least until the children are older and you are able to seek employment.

Precisely what that will look like will depend on what's in the pot. When you know that you could book a legal financial consultation (available via this site). If you need help to secure disclosure, our divorce consultant service may be worth considering.

Hadenoughnow

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