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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.

 

Spousal Maintenance UK

  • Kevin121
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29 Jul 24 #523601 by Kevin121
Topic started by Kevin121
I am in the very early stages of divorce, I have been separated from my wife for 7 months now, moving out of the family home in January.
We were married for 13 years.
Have 2 children, 13 and 10 a girl and a boy.
Own a property with a value of £430,000
Mortgage Of £160000
My wife is a trainee midwife earning £22,000 per year
I own a travel company which I owned prior to getting married and earn £29,000 per year.
We have around £10,000 in savings
The children will spend 6 nights per week with my wife.
My wife can't get a mortgage to buy me out of the property. She can't afford to pay the mortgage on her own. She has a solicitor telling me I will have to take a mesher order until youngest child is 18, my capital will need to remain in the house and I will need to pay spousal maintanence so she is able to afford the mortgage repayments.
I don't know if I should accept this or not, I've been told this is what a court would decide and it will save me money if I just accept it.

  • EMC3419
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29 Jul 24 #523602 by EMC3419
Reply from EMC3419
No, definitely don't accept this, her solicitor is being a real chancer. On only £29k and already paying child maintenance there is absolutely no way you would be ordered to pay spousal maintenance on top. You are the father of children and have your own housing needs to meet.

A Mesher Order isn't appropriate either. There is £270k of capital and on £22k plus child maintenance and benefits she will have a mortgage capacity of at least another £100k. Her income is also set to increase a lot in the foreseeable future as a midwife which will increase her earning capacity.

She can reasonably be expected to downsize to a cheaper area and a split of around 55:45 in her favour would be reasonable.

Please get your own legal advice, her solicitor is an absolute piss taker.

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29 Jul 24 #523603 by EMC3419
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Sorry for the double reply but it's important you understand her solicitor is representing her and in my view - I'm a trainee solicitor - she is acting borderline unethically in claiming this is what a court would rule or that your wife cannot afford the mortgage.

Your wife earns £22k and in the foreseeable future will earn close to £32k as a midwife. Whilst she gets to that salary level, she has:

Net income: £19,360
Child benefit: £2,213
Universal credit: £6,500
Child maintenance: £4,624

Total: £32,697 net, £2,725 a month. For context, that's only £900 less than you are currently living on as a couple including your living costs! Also, your net income is only going to be £1.7k before any spousal maintenance and you're going to at least need to rent a flat.

A £160k mortgage is what, £1,200? She'll be expected to pay that on her own, especially if you only have £1.7k and have to spend half your salary or more on rent. In reality I think she will demonstrate an inability to pay the mortgage and will be ordered to sell and downsize, with a split of equity between you immediately as you clearly need more money to house yourself.

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