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Divorce/separation

Can anyone tell me my legal rights?

9 replies

Worrywart21 · 21/11/2019 15:41

I have an appointment with a family lawyer but it’s not for 2 weeks and wanted to know what rights I have, if any?

Partner and I have been together 10 years, 2 children due to marry in 6 months. I left my job after second child as partners work was really taking off. I done all childcare, house work etc. He worked. He now earns £100k+. I’m obviously not on any income at present.

I sold a house and brought a deposit of £25k to our new house which is mortgaged in both our names and now has £60k equity. If we sell, does the £60k get shared equally?

All savings are in his name, do I get any right to them?

Is child maintenance legally required?
What is a fair amount for the kids to stay with him? He works away 50% of the year (unofficially). He travels as and when required but works out about 50%.

Would I be entitled to anything?

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unicornsarereal72 · 21/11/2019 16:30

Have a look at the turn2us website for benefit calculator. It is universal credit now so depending on the age of the children they will be expecting you to look for work.

Cms is 16% of his salary before tax/ni. Although it gets a bit more complicated once they earn over &3k a month. Check their website there is a calculator there. There will be a deduction depending on how many nights a week he has them.

Legally. I was in your position. The first 100k of the house was mine. Then 50/50 split of any equity since then. He can take you to court and argue it out. But that will cost. And I'm sure he can be made to be fair. 🤷‍♀️

Contact us what suits all of you. I start a flexible approach as ex work kept him away. But this was endless cancelled visits. And brief 30 mins here as he squeezed them in around his work. Social life and new girlfriend. It wasn't working for me or the kids. So I very quickly went to eow. Friday tea time to Sunday tea time. But this still had me hanging around and chopping and changing. So now we are 9am sat am until tea time Sunday. And I go out at 9.30 am if he hasn't turned up by then. As we were sitting around whilst he over slept. Just eating. Or whatever other shit excuse he could come up with for not getting his arse out of bed.

Good you are getting advice. Stay strong. And keep firm boundaries in place.

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Worrywart21 · 21/11/2019 17:15

Legally. I was in your position. The first 100k of the house was mine. Then 50/50 split of any equity since then. He can take you to court and argue it out. But that will cost. And I'm sure he can be made to be fair

How was this decided? We’re you married or just cohabiting?

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Worrywart21 · 21/11/2019 17:20

Did you bring your own deposit?

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stucknoue · 21/11/2019 17:37

Unless you have reason to believe otherwise he may be very fair. Child maintenance is mandated in law but you can negotiate more if he's a high earner. Turn to us can show you benefits you can claim but if your youngest is over statutory school starting age you are expected to work. Contact ideally you work out between you - 50/50 is the starting point but his work and commitments may mean it makes sense to have a flexible so many days per year arrangement rather than eow and 2 evening meals which is the common thing here it seems. No kids under 18 here but I get 1/3 of h's take home salary and he has the dog twice a week (I pay the kids allowances and dog's expenses plus spousal maintenance)

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unicornsarereal72 · 21/11/2019 17:53

The house was mine before we met. And was worth 200k at the time with a mortgage of £100k. Which he went on to and started contributing too. He was fair that he agreed the first 100k was mine. And equity over the left over mortgage was 50:50 in the eyes of the law as we were not married. I got legal advice on this at the time. You can go to court to dispute. But it is costly.

Only thing he was fair on as went in to mess about with child support so went to cms still chasing him 12 months on despite all his promises.

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GreenDayGal · 22/11/2019 08:49

Hello everyone, new to Mumsnet & Im after some advice.

For those of you who have a contact order in place. My ex was 50minutes late returning the children yesterday. No communication to say so. I asked for an explanation & he refused.

Does anyone know the legal stance on this. The contact order was put in place 6 weeks ago.

TIA

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ColaFreezePop · 22/11/2019 12:43

@GreenDayGal start a new thread as you will get better responses.

Also better posting that thread in lone parents.

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GreenDayGal · 22/11/2019 14:11

@ColaFreezePop brand new to Mumsnet so I cant post a new thread yet. I dont think so anyway. But just a bit desperate for help

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GreenDayGal · 22/11/2019 14:14

@ColaFreezePop aha, found out how to do it! Thankyou Smile

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