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.