He originally wanted a 50/50 split and said he would pay me more than csa. My solicitor said I shouldn't agree to this and should go through csa and split 60/40.
He absolutely refuses to even consider this. He says his solicitor said no way will I get more than 50/50. I don't know who to believe. Obviously my solicitor wants money from court battles, but I have no idea who's solicitor is telling the truth.
He earns double my wage but with WFTC and child benefit and csa our monthly income will be roughly the same give or take a few hundred pounds.
Does anyone know anything and could advise me. TIA
50/50 is a starting point. as you have the children then a 60/40 to you is more reasonable and more the norm. sometimes with big wage descrepancies etc a 70/30 can be asked for so i think 60/40 is reasonable and more likely, however, you also need to weigh up the cost and what the extra 10% is in real terms. if the extra 10% is only a couple of hundred then arguing for it too much may cost you more. if its a couple of thousand then it may be worth pursuing a little more.
Anything he paid in is irrelevant, it became a joint assets.
Basically the solicitors will refer it to mediation in first instance and they will get u to look at what size house you both need to accommodate kids etc, they will then look at what mortgages you can get on ur own so go see an advisor for a consultation first and get it on paper. From that they will look at what each of u needs equity wise in order to buy somewhere new and the split will go on that.
As you say you earn less you will prob get a bigger split ie 60/40 as his mortgage potential will be higher iyswim.
As for CSA you are best looking at their calculations online to see what you are likely to get and then get a written agreement between you if you don't want to do it officially thru them.
If mediation doesn't work then solicitors will take to court and tbh he still prob won't get 50/50 and could potentially get a less favourable split than 60/40 if the judge thinks he is being a prat