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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.

 

Likely financial outcome

  • Wanderers88
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19 Mar 25 #525517 by Wanderers88
Topic started by Wanderers88
Im hoping to get some advice, guidance, opinions on what a likely outcome is based on my circumstances below.

Currently going through a separation. I moved out of the family home 2 years ago and currently trying to agree finances. Specifics are:

Married 10 years, together for 19
Two children, 10 and 8
STBX is 44, I am 38
Family home worth £415, approx. The house is above what she needs (large and extended 4 bed detached) but wants to stay there for the kids
£200k equity
£45k savings
I earn approx £220k
She earns £26k working part time 22 hours a week. Worked full time previously and works in healthcare so opportunities to move to full time are high. She refuses to work anymore hours, she works 10-3 and drops / collects kids from school (I do drop off 2 times per week).
£450k in my pension
£200k in her pension

We share the kids, 3 nights with me, 4 with her.

What is the likely settlement?

I've offered all equity in the house (so £200k) and £100k pension share + chid maintenance at £1,500 per month. Her salary, plus CM and universal credit is more than enough to cover all monthly expenses. She'd have even more disposable cash if she worked more hours.

I thought this offer was quite generous tbh, but she and her solicitor want the above, plus £25k of the savings. I want to use it for a deposit on a house... I need to house me and my children.

She also wants to wrap the child maintenance up in a global maintenance payment and add spousal maintenance into this too paid until the youngest turns 21 at the earliest. I want a Clean Break and thought I'd achieve it with that offer.

Is she likely to get all of this if this goes to court?

  • WYSPECIAL
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20 Mar 25 - 20 Mar 25 #525521 by WYSPECIAL
Reply from WYSPECIAL
PYou don’t know what the outcome will be if you go to court. What does your solicitor say?

If it were me I’d rather give up the savings than end up with global maintenance.

Is the maintenance index linked in some way? I would argue why does she need the same amount of maintenance for one child as she does for two in the final couple of years.

Will you be happy to pay your ex large sums of money every month as maintenance when your kids are at uni? Maybe she will pass it on to them or maybe she will spend it on expensive holidays with her new boyfriend?

You mention age 21 at the earliest, what are the other triggers? If it’s end of first degree this is pretty open ended and if they drop out of one course and then start another you could be paying while they’re in their mid twenties.
Last edit: 20 Mar 25 by WYSPECIAL.

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