Any guidance on settlement ?

Hello,

I'm new to this group what I've read so far is leading me to believe that its a very worthwhile group to be a part of. Thank you to the organisers !

My life story.......
H (me) applied to divorce W in June 2020 (2 years of separation, although still living in FMH) but W cross petitioned (unreasonable behaviour) and W is divorcing H. So far we have just completed the FDA in December 2021.

H is 48 yrs old and W is 49 yrs old, have been married for 19 years and between them have 1 child, a daughter 14 years old who attends a paid private school.
FMH is worth around £400k with debts of £85k (mortgage, paying off parents who lent us monies, etc).

H is working earning £75k pa.
H has pension worth £550k.
H owns a flat on a Buy to Let generating £2000 pa but there is zero equity in it.

W is not working for the last 7 years although has only had one 6-months temp role which ended Jan 2021 (my main driver for divorce, i.e. lack of support, toxic wife).
W has no pension.
W is a qualified Occupational Therapist and has an earning potential of £40k in a permanent role and up to £75k if locuming.

For the last 7 years I have continued to support the entire household including our dog Artemis and his costs, W's food requirements, pay for W's fuel, (W has an electric vehicle which means that it is payed for through the Electricity bill) and every other overhead. I also pay the School fee's...basically work my backside off whilst she continues to 'enjoy' her life and not be proactive in looking for work. When W had a temp role she did not offer any financial support to the household costs. H's solicitor has asked for any medical grounds on why W cannot work (nothing concreate has come back besides a few NHS letters on some mild ailments). H's solicitor has also asked on why W hasn't sought any work from the point when W's temp role ended - W has not answered that at all.

I really need out of this toxic situation and so my proposal is to offer:
50/50 on profits of FMH.
50% claim to H's pension.
3 months 'support' (same I am doing today) W will need to retrain as a Occupational Therapist.
6 months full time use of a car, at zero costs besides W funding her own fuel costs.

Solicitor believes that as Child is of an understandable age, there should be no maintenance between both sides as child can and will choose her own pattern of nights at H and W. H proposed mediation which was not acknowledged. In my form E, I suggested that I expect zero child maintenance from W has Child will live with me and in W's Form E...she left that section blank.

Only item worthy of note is that W claiming Spousal Maintenance (as stated in her Form E) but we haven't got down to the offer/negotiations. W has also clearly stated in her response to the Form E that I helped and supported her in getting her a temp role and also with her CV.

Timeline is/was:
7th Dec 2021 - FDA.
21st Dec 2021 - deadline on all outstanding replies to Form E.
18th Jan 2022 - deadline for Schedule of deficiencies and supplemental questionnaire.
8th Feb 2022 - deadline for Replies to schedule of deficiencies and supplemental questionnaire.

The solicitors are costing 'us' a fortune and most of this money could have gone to the wellbeing of our daughter.

In essence, my worry is that at the FDR she will end up with a greater share of the 'pot' simply because she isn't working - I believe I am being very reasonable with my offer (maybe a bit too much when I read it back) but I just want out.

Any advice is appreciated.

What do you mean by 50:50 on profits from FMH?

If half the equity apiece is enough to provide suitable housing and the pensions you have between you are divided equally, that could be seen as fair.
Your ex would be expected to work and earn unless there is a medical reason why she cannot. If she requires a period of retraining spousal maintenance for that period may be appropriate if it is affordable.
Are either of you able to live in the BTL property??

Hadenoughnow

Hi,
Thanks for your reply.

Ref 50:50 on profits from FMH, I mean a 50:50 split on the monies coming from the FMH after the mortgage and fee's have been paid off. In reality this will amount to c.£310k which equates to £155k each.

Although we have both stated that our housing needs are 'equal' and this has been noted on the Order post the FDA, we did highlight £290k as our Housing needs on our Form E's which in hindsight does seem too much as for a minimum 2 bed house in the next village could go a little as £180k.

The BTL is currently on rent and not available until Oct 2022 (unless we evict the tenants early)

Presumably you have both been asked for details of mortgage capacity and suitable property?? If £180k (or a little more to cover costs) would buy a place outright that may be what the court thinks is fair. If your ex wants a better property it would be up to her to earn money to pay a mortgage. There may be some balancing adjustment on ppension share.

Hadenoughnow

Hi hadenoughnow,

Regarding mortgage capacity, it was an input to the FDA and so I submitted mine and I presume W submitted her's too although if its based on her current income rather than her potential income then it'll be zero.

List of suitable properties is required to to be submitted by 8th Feb 2022 according to the order but I assume that's easy to collate using Rightmove/Zoopla/etc.

Would I be better to submit a list of £180-200k properties (which still fulfils the requirements) so as to also demonstrate that if I can do it then so can she ?