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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.

 

How does it get split?

  • DaveyJones2803
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16 Sep 24 #524003 by DaveyJones2803
Topic started by DaveyJones2803
Good morning,

I am first time poster.

Unfortunatley, it looks like my 18 year marrage is coming to an end and I want to have a basic idea of what to expect. I want it to be as amicable as possible.

Ages 47 and wife 49.
Two Children, 14 and 17, both in private education. Youngest costs 40k per year, eldest 20k.
Marital house - 1.6 million with a 600k mortgage
My main income - 185K
Unvested shares - 1.2m before tax at current share price (they vest over the next 5 years)
Wife runs our AirBnB company, joint directors, but house is in her name and income is taxed under her.
AirBnB - 500k with 280K mortgage
Rental income - 20k

In general, my wife doesn't work, I even have to run the AirBnB company. She does help with kids pickups from school, but as I work from home, we share household chores.

Many thanks for any advice!

  • WYSPECIAL
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18 Sep 24 - 18 Sep 24 #524026 by WYSPECIAL
Reply from WYSPECIAL
How much will it cost to buy each of you a three bed house?

Starting point for dividing assets is 50/50 then needs come into play but you are asset rich so it will be less of an issue.

Presumably you will continue to pay the school fees which will reduce your income for the next few years?

Unvested shares are worth nothing until they become yours. Presumably it is the company you work for?

Are there any pensions?

You may also need to pay some level of SM while your ex retrains for work if the Airbnb isn’t sufficient income for her to live on. I’m assuming the rental income is from the Airbnb and not another income stream?
Last edit: 18 Sep 24 by WYSPECIAL.

  • DaveyJones2803
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18 Sep 24 #524027 by DaveyJones2803
Reply from DaveyJones2803
Many thanks for your response.

I guess we would each want a million pound house, but I am not sure that would be achiveable. My worry is how would she pay the mortgage?

Yes, kids first, so they will continue at school.

My unvested shares are from my employer yes. I have about 100k vested.

My final pension as tax free cash is 265000 at 65.

Yes, rental income is the Airbnb.

Thanks again.

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18 Sep 24 #524029 by Rickoshea
Reply from Rickoshea
Given the level of available assets what have the Solicitors suggested the split would look like?

"Wants" and "needs" are very different but having a million pound house you can't service/run isn't a good outcome either

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18 Sep 24 #524030 by DaveyJones2803
Reply from DaveyJones2803
I haven't spoken to a solicitor yet, but it is all happening pretty fast, so I think that is my next step.

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18 Sep 24 - 18 Sep 24 #524034 by WYSPECIAL
Reply from WYSPECIAL
As you’ve got £1m equity in your current home two £1m homes each with 500k mortgages is an unlikely outcome so you may need to review it.

Will the Airbnb be sold to release more funds?

Is the rental income the net profit after the mortgage and running costs have been paid or do these need to be deducted?

How long is it since your wife worked and what did she do?
Last edit: 18 Sep 24 by WYSPECIAL.

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