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What is a fair divorce settlement?

(59 Posts)
mirabelle1973 Fri 06-Oct-17 19:33:05

Message withdrawn at poster's request.

Allthewaves Fri 06-Oct-17 19:37:02

What's he offering

mirabelle1973 Fri 06-Oct-17 19:40:32

Message withdrawn at poster's request.

FenceSitter01 Fri 06-Oct-17 20:02:46

If they are spending all their money on solicitors and barristers surely one of them has asked what the wife is entitled to?

mirabelle1973 Fri 06-Oct-17 20:43:02

Message withdrawn at poster's request.

awishes Fri 06-Oct-17 20:49:03

Starting point is always 50/50!
The judge at final hearing will have heard it all before and at the second hearing both parties will have been told by the judge what to expect at the final hearing ie what settlement would be reasonable.

harshbuttrue1980 Fri 06-Oct-17 20:55:57

50/50 sounds fair to me if he has the kids 50% of the time. If she had the kids all the time then she should get more. Her kids are all school age, so the expectation should be that she goes back to work full-time and uses after-school care, of which her ex should pay half. She needs 5k a month to live on?? She either needs to get real, or to retrain and get a higher earning job and stop holding her hand out to her ex. If he has the kids 50% of the time then he shouldn't have to give her monthly payments at all as long as he's paying half of their clothes etc.

seasidesally Fri 06-Oct-17 21:04:45

it sounds pretty good to me but i was never with a high earner so i may be swayed by the differrent lifestyle

Moanranger Fri 06-Oct-17 21:05:41

TBH, I think you are kind of second-guessing a situation in which there are well established procedures & principles. They both will have filled out a Form E (or should have!) where spthey both set out their financial needs, assets, etc.
For capital assets, the rule is 50%, so maybe he is giving her home equity but retaining more of his pension.
The needs of the children and a contribution to their living costs is a separate consideration, and takes into account who they are living with.
There is often a lot of anxiety at this stage, but the court will not sign off on a Consent Order that is not deemed fair to both parties.

mirabelle1973 Fri 06-Oct-17 21:12:51

Message withdrawn at poster's request.

PenelopeChipShop Fri 06-Oct-17 21:14:10

I don't think she's unreasonable at all. What you need to realise is that judges focus on the needs of individual children. These particular children are accustomed to a lifestyle based on a parent who is a very high earner. The judge isn't comparing your sister to (for example!) YOU who has never had access to those particular assets. He or she is focusing on your sister's kids suffering as little as possible considering their parents' relationship has broken down. That involves things like private education continuing and remaining in the home they've always known. Your sister entered a partnership based on it being a lifetime decision and made choices accordingly. Men don't get to just walk away from families and leave them destitute and just as bloody well!

ohreallyohreallyoh Fri 06-Oct-17 21:17:41

What is his monthly income? He needs to pay 25% of it in maintenance.

Why should the children only go to private school whilst at primary? Was this previously agreed?

What percentage of their joint assets does his offer represent? If it's not 50, then I agree, she needs to hold out and let a judge decide. Given her lower income, I would expect she would receive more than 50% although given that she works, I suspect spousal maintenance is unlikely.

seasidesally Fri 06-Oct-17 21:17:47

your sister is nobody's fool by the sounds of it but she may start getting a litte greedy

yes the children should have a good standard of living but by your post op the dad does sound like he is a good parent and is honouring being a parent time wise and financially

Theoistfit Fri 06-Oct-17 21:19:50

For 175k salary the take home pay is 8600.
3K to your sister, 2k school fees, 1.5k rent if near London (and probably lots more). This leaves 2k for all travel, bills etc. That's before he's actually bought anything for himself. I think your sister might get a shock.

seasidesally Fri 06-Oct-17 21:23:16

when sorted does that mean your DS will pay her own electric bills etc,apart from school fees??

mirabelle1973 Fri 06-Oct-17 21:23:38

Message withdrawn at poster's request.

Theoistfit Fri 06-Oct-17 21:24:16

Sorry just seen his offer. Think he'll be in for shock too. Offering her all the equity is nothing compared to his pension and he knows it!

egginacup Fri 06-Oct-17 21:26:04

With that disparity in income I would imagine she's entitled to spousal maintenance. As a PP said, it's about the DC maintaining the life they're used to, I don't blame her for fighting to keep the house if she can.

Garlicansapphire Fri 06-Oct-17 21:30:59

50/50 - all their assets are lumped together and income, savings and pensions are taken into account. Your sister needs good legal advice but to avoid the courts. That will drain all their money.

followTheyellowbrickRoad Fri 06-Oct-17 21:32:45

If they had a joint income of £12000 a month. It's a big drop for her down to 3500, so I can see why she wants more.

ninjapants Fri 06-Oct-17 21:33:23

I think she needs to be realistic. As 50/50 is the starting point, and they pretty much parent that way too, that's what she should expect to get. How will her having gym membership and a cleaner benefit their children? Because that's what the court will care about. She needs to accept that the marriage is over and that means she has to start living independently of her ex, in every way

mirabelle1973 Fri 06-Oct-17 21:33:31

Message withdrawn at poster's request.

mirabelle1973 Fri 06-Oct-17 21:35:47

Message withdrawn at poster's request.

ninjapants Fri 06-Oct-17 21:39:09

Follow they wouldn't have had as much joint incomewhen together because there would be no tax credits or child benefit as he is a high earner. The OPs sister only gets those now as she is single and her salary qualifies her for them

seasidesally Fri 06-Oct-17 21:49:41

well let the judge decide

they are adults and if it's gone this far they clearly are not going to agree so somebody will do it for them and for a huge cost

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