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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.

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A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

 

Post settlement liability for supporting children at University

  • thetideishigh
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26 Sep 24 #524128 by thetideishigh
Topic started by thetideishigh
My solicitor and barrister (Husband's behaviour led to us having to do the whole process through the court) has indicated that the financial position of myself and my husband is such that we can't expect anything other than a 50/50 split of our assets from the judge.

My husband's behaviour has led to our children stating that the only contact they are willing to have with him would be to visit him for a few hours at a time, if at all. My husband is treating the situation as "pay per view" and is therefore not willing to contribute towards funding their living expenses (rent/food etc) whilst at University. They will only get minimum grant.
One child will start Uni next year after having deferred entry to undertake serious medical treatment and recover from that. The other is applying now so will also be starting University next Autumn so we're heading for a nightmare of having to fund 2 students at the same time.
Whilst in court I asked my husband for confirmation that he will contribute to their University years living costs but he would not commit to this in court, so I'm guessing that he won't out of spite because the kids don't want to live with him post divorce and he's taken that as a personal insult.

Solicitor and barrister say that even though he will have plenty of funds from his divorce settlement and earns more than me, he can't be legally made to contribute. It's taken so long to even get so close to settling our divorce affairs because of his successful delaying tactics but now I see that he will walk away with 50% of our assets and no liability to contribute to supporting the children during their University years whereas I effectively get less than 50% because I have this liability looming.

How is this really an equitable 50/50 split ? Why won't anyone but me acknowledge the reality fo the situation which is that it's effectively actually 60/40 in my husband's favour ?

Is there anything I can do ?






  • WYSPECIAL
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26 Sep 24 #524129 by WYSPECIAL
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The decision to support your adult children through university, whilst honourable, is completely up to you.

You can’t force somebody else to do the same if they don’t want to.

Student loans can be based upon just your income so they will get more than if you were still together.

  • thetideishigh
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27 Sep 24 #524132 by thetideishigh
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They won't get any more than the minimum maintenance loan based on just my income alone. I've had to maximise my earnings to be able to afford the mortgage I'll need to provide a home for the kids and I, so this has reduced the amount of loan they're eligible for to the minimum. The court takes no account of them needing to be housed once they become "adult children". Very few university students have a permanent home base other than a room in their parents house but the need for a home outside of term time is disregarded in divorce.

The government expect parents to top up the difference between the loan and the actual cost of rent/living expenses, it's not just an honourable whim on my part. Yes, at 18-21 they're "adult children" but what university student of that age could fully support themselves at the same time as undertaking a full on, highly academic, university course. Part-time jobs will also be needed and I've discussed this with the kids so that they are better prepared for the reality of their Uni years. We've looked at the possibility of them living at home and studying more locally but the University most local to us is fairly new and just doesn't offer the appropriate courses. I can't expect them to take on tuition loans to spend 3 years studying something that they don't really want to just for the sake of acquiring graduate status given how hard it is for so many graduates to find work these days.

My husband has already clearly signalled to the court his intent to not support them during their time at university, thereby putting huge financial strain on me.

  • EMC3419
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27 Sep 24 #524145 by EMC3419
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Well, the financial strain is on you because you want them to go to university even though you acknowledge yourself that degrees don't seem guarantee work these days.

Perhaps this is the real issue for your STBX? Why spend an absolute fortune and let your children still get into significant student loan debt (which will crystallise into what amounts to a 9% graduate tax for 40 years) when there is no guarantee that it would do them any good? It might be better to not spend the money and leave more for their inheritance.

Ultimately, the two of you don't agree and as it is your wish that they be funded to go to university, then really it's on you alone to put the money up for that.

My personal recommendation would be that your children take a look at the wide array of apprenticeships for all kinds of professional careers, may of which come with fully funded degrees these days.

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10 Oct 24 #524330 by thetideishigh
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Oh how I wish there were apprenticeships available for their chosen career paths !
Believe me, I've spent a great deal of time on the matter and I'm a huge supporter of apprenticeships, actually through my own employment role too.
The real issue for my STBXH is that the children lost all respect for him due to his behaviour. He believes he is entitled to unconditional respect from his children (and wife) but as they got older they quite rightly questioned his behaviour, the way he us all and challenged him on it or avoided being around him.
Not contributing towards University living expenses is financial punishment (abuse) to punish them for this. He has openly said to me this but obviously not to his solicitor.

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10 Oct 24 #524331 by EMC3419
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It's not abuse in the eyes of a court and I don't know the situation so I cannot comment further than that.

Once people start bandying around terms like abuse I stop helping them. If you ever worked with someone subject to real abuse you would understand. Sorry.

  • Mumin
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10 Oct 24 #524332 by Mumin
Reply from Mumin
Hello,
I will be in exact same situation in an years time.But we have saved up for children's education and they are in the form of mutual funds and ISAs.My ex cleverly did not include these in the Matrimonial pot saying these are kids savings.we have enough saved up which covers 2 kids uni fees.But judge didn't made any decision, when I asked about these savings he suggested to mend the relationship with father so that they can get their uni fees?
Ex earns close to 200K and I am unemployed and I have got 50% of the assets with responsibility of a 16 year and 13 year old.How unfair?
I only can pray for you to get through this situation and wish your children the best that they become very successful and your ex will be left with nobody but the money.

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