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.

 

Mortgage payments and maintenance

  • Sar24
  • Sar24's Avatar Posted by
  • New Member
  • New Member
More
11 Aug 24 - 11 Aug 24 #523714 by Sar24
Topic started by Sar24
Hope someone can help, my husband moved out of our family home, we have 3 children. We have agreed maintenance payments using the online calculator, but he is now saying that he doesn't have to pay half the mortgage as the maintenance includes the mortgage payments? Is this correct as I'm reading this is not the case. He has a good income and can afford to pay half we are both named on the mortgage. He is also saying he can force a sale on the house, I want to remain in the house until the fixed term comes to end in 3 years. I'm on a low income (marital decision) and have a job that means I can look after the children after school and in the holidays so he could work full time and be the main earner. Any advice would be appreciated, my solicitor is suggesting a mesher order until my youngest is 18? Many thanks
Last edit: 11 Aug 24 by Sar24.

  • WYSPECIAL
  • WYSPECIAL's Avatar
  • Moderator
  • Moderator
More
11 Aug 24 #523716 by WYSPECIAL
Reply from WYSPECIAL
Usually whoever remains in the FMH pays all costs associated with the house.

You haven’t given details of ages, incomes or all assets so it’s difficult for anyone to comment.

  • EMC3419
  • EMC3419's Avatar
  • Elite Member
  • Elite Member
More
12 Aug 24 #523719 by EMC3419
Reply from EMC3419
I cannot comment directly on your case without specifics such as ages, incomes or assets. However, I can provide some general principles:

1) Normally when someone moves out of the family home and pending the final order on finances, it is normal for the occupant spouse to pay the mortgage in full and for the non-occupant to pay only child maintenance. If the non-occupant is a particularly high earner it may be possible to get maintenance pending suit that can contribute to the mortgage but a solicitor would advise him not to pay anything above CMS maintenance unless ordered to do so as this would demonstrate that he could afford spousal maintenance in the long term.

2) You say you work part time and term time only. However, the court normally uses universal credit guidelines as the amount of time that you should be working. If any of your children are under 3 your current role may be acceptable to a court. Between the age of 3 and 12 you will be expected to work an average of 30 hours per week throughout the year. Once the children are 12, you will be expected to be working full time. If you are not currently doing these hours the court may give you a year or two to adjust but after that they will impute a full time income to you as the earning capacity upon which any settlement is based.

3) This will similarly affect your ability to get a Mesher Order. Mesher Orders are extremely rare in a contested outcome. Mesher Orders until the children are 18 are rarer still unless the youngest child is already within a few years of reaching this age. Solicitors will still suggest them as they are not uncommon in Consent Orders but most people are unlikely to get one unless their ex agrees to it. What is more plausible is that one person can stay in the house until the fixed term on the mortgage has ended and then the house is sold.

4) One thing you need to bear in mind is that the courts will be acutely aware that your ex will be stuck on your mortgage whilst a Mesher Order is in place. Whilst they cannot order a bank to remove him from the mortgage, another approach with the house is that they transfer it to you (he would either get a deferred charge on it or offset it against any pension) and then you will be given a set date in the future by which time you must secure his removal from the mortgage. Failure to remove him from the mortgage would then trigger a sale. Depending on the ages of the children, a settlement like this might give you up to 5 years before you have to sell.

5) To consolidate and explain the above, the courts will be very keen to get a Clean Break between you at the earliest opportunity. Gone are the days when the lower earner can claim that because of a "marital decision" that they stay at home, they should be dependent on their ex for ever or even until all the children are 18. The courts are rightly sceptical about such claims for compensation nowadays, especially when the lower earner did not have a career before children. It is almost always the case in contest divorces nowadays that there is a clean break within 5 years.

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.