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Not sure divorce calculator provides for the circumstances!

  • dawnjohnson
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28 Oct 23 - 28 Oct 23 #521990 by dawnjohnson
Topic started by dawnjohnson
A friend is wanting some clarity during a drawn out divorce situation.
The husband is having some kind of a mid life crisis. In hindsight, it started before lockdown and accelerated during. They started working on it together (therapy, medication) and he didn't really engage. The wife had ill health/pneumonia from the stress. He's moved back with family into family owned property on family owned land and gone awol/minimum contact with wife/daughter for the last ~18 months. Wife's ill health has rapidly improved.

Discovered in mediation this month that he's bottomed out his turnover, maxed out his debts, stopped paying his bills. Mediation has stalled. Meanwhile their fixed rate mortgage ended, the payment has almost doubled. The husband is not in any hurry while the wife carries on paying the mortgage, maintaining the home and doing the majority of the parenting. She's taken on a second job to try to keep the house. She filed for divorce.

• Ages -
45F, 42M

• Length of marriage – including any pre marriage cohabitation -
Cohabited since 2005, married Dec 2012, separated Sept 2022

• Children – ages, genders and arrangements for them – i.e. how many nights with each parent -
6F, mostly with the wife. Just sorted in mediation a commitment to every other weekend with dad (previously was about the same ~2-3 overnights a month, but very adhoc and at wife's request) and out of 13 weeks school hols they're going to split 8 weeks wife, 5 weeks husband. It's approx 80/20. Does the child arrangement impact on the financial arrangement?

• Incomes – including any tax credits or other benefits
Wife anticipates approx £50k, taking step down in career, rather than advancement due to having to work less than to be able to support/be present for child. Commute/required work hours to progress are not compatible with sole parenting. Husband anticipates approx £45k. Husband's business accounts do not look as if they would support this.
Previous few years he has earned £50-60k, wife about the same. Last tax year wife had 2 jobs and earned approx £100-120k. ~reason was considering husband's mental breakdown and needing to support family she took up offers to advance she had rejected before. He then went awol and moved away, back with family, she needs to step down to be home more with child. She's freelance, he's self employed via his own Ltd Co.

• Value of the FMH
Approx £650k (average of 3 valuations)

• Outstanding mortgage on FMH
Approx £325k

• Pensions (CETV – Cash Equivalent Transfer Value) or projected pension benefits (ie lump sum and annual pension).
Wife £48k, husband £15k. Before separation they were wife £3k, husband £15k

• Value of any other assets in sole or joint names – this may be endowment policies, savings, investments etc or assets such as paintings, cars, jewellery (over £500)
Wife own the family car in her name £25k, him car £2k, boat £10k, road bike £1k
Wife Ltd Co £40k in bank (remains of 2nd job income), him Ltd Co in debt -£15k bounceback loan, -£6.5k corp tax, -£3k vat

• Outstanding debts in sole or joint names and when accrued.
Wife personal loan for car purchased 2021 -£6700, Credit card -£1,150 interest free balance transfer.
Him amount he owes his dad and uncle for rent of living accom and business premises post separation -£9,500, Personal loan for purposes of living expenses post separation -£2,200

No idea how to move forward.
Any idea how this would go if they went to court? She can’t maintain working 2 jobs, would propose sell the house and move somewhere (daughter and wife) smaller/more manageable/lower overheads so she can work less (proposing only working 1 full time job, rather than two she does currently!) What is a likely outcome. Desperately wanting to be able to stay in the same town, kid at same school etc, smallish village she is secure here.

Will she have to massively change the living arrangements/relocate.
Last edit: 28 Oct 23 by dawnjohnson.

  • hadenoughnow
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29 Oct 23 #521993 by hadenoughnow
Reply from hadenoughnow
The Divorce Calculator is a bit of a blunt instrument.

The priority here is secure and stable housing for the child. The strict need for each of them is a 2 bed property. It is essential to find out a: what this would cost and b: what kind of mortgage they can each obtain. Ideally a move would not disrupt the child unduly but it may have to. His housing needs could be met by renting while he restores his earnings and he could use at least part of any lump sum to clear business debts.
I don't think money owed to family would be considered anything but a soft loan.

Earning capacity is important but I think it unlikely she'd be expected to continue with 2 jobs especially if she has the majority of care.

child maintenance may be tricky if he's working through his ltd company. It can be hard to prove income beyond the tax threshold which is what's normally declared for PAYE. The rest is dividends or directors loans usually.

There may need to be a modest pension share to equalise capital but the pots are pretty small and it is a reasonable argument that most of hers is post separation accrual.

It's worth first trying mediation as a way to sort this out. If a settlement can be agreed it is better all round.

If the matter goes to court, a judge cannot make a decision until final hearing. On the way through settlement is encouraged and, providing neither party is unrealistic and there's full financial disclosure, the matter should settle by agreement at or before FDR.

Hadenoughnow

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