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Fair division of assets in divorce(5 Posts)
Been on here a couple of years (name changed though) previously posted about marriage breakdown and leaving my husband after him being unfaithful.
Planning on visiting a solicitor in the new year to start the ball rolling on the divorce but want to get an idea of what I might be entitled to before I go.
For context I’m late 20s, ex early 30s
I remained in the mortgaged family home when we split and he moved back into his parents mortgage free house, however we both split the mortgage payments as we are both named but I pay everything else (council tax, water ect)
Bit more context, parents comfortable financially, own 2 properties, brand new cars each ect
I only have 1 parent, they live in rented accommodation, not able to support me if needed whereas his parents are for him.
He’s worked full time the whole time I’ve known him, whilst I’ve worked part time mainly night shifts after a full day of parenting. He took care of the kids ( 2 of which) whilst I was working when we were together and still now living apart. He has them 1 night a week overnight at his parents and 2 evenings at my house a week whilst I’m at work (until I get home then he goes home but majority of time he’s there kids are asleep) Then I have the kids the other 6 full days, all the school runs (as he has them either a sat or fri night so no school runs involved) doctors appointments, school meetings (eldest has additional needs and has a lot of problems at school and can be a handful at home) so I’m the resident parent and do pretty much all the hard work of parenting whilst taking care of the house and working part time.
This was the case even when we were together, I did 95% of the work and all he did was go to work, come home and sleep and repeat.
I feel because of me doing it all I’ve facilitated him being able to work a lot of hours a week, and build up a good pension. I have a pitiful private pension, had to turn down numerous promotions due to my commitments (which I don’t really care about, my children are always my first priority)
The house is probably worth between 100-110k, we have 60k left on the mortgage, no joint savings ( I have private savings but not a massive amount and under any thresholds) he’s got over 20k in his pension and I’ve got just under 2k (only been paying into it since I was 25 anyway)
Has anyone got any experience of how solicitors might seem fit to divide the assets? I don’t want to be unfair but at the same time I want what I’m owed and what I deserve after years of me putting in hard work with both children and housework ect and only being able to work part time myself.
Parents are irrelevant for division of assets
You are young and likely to be deemed able to work full time to support yourself so it’s unlikely you’d get spousal support and you have plenty of time go build up a pension
With regard the house can you afford to pay mortgage and bills yourself ? Will you need to sell ?
It’s likely you’ll get a higher share of current assets but only a solicitor will be able to advise of likely outcomes.
Thanks for reply millymollymoomoo.
Most of his pension was built up before we met anyway, just wasn’t sure if they took into consideration mine took the hit due to parental responsibilities.
I could afford to pay for mortgage and bills on my own however I don’t want to remain in the house, the plan was to sell and split the equity in due course.
They’ll take the pension into consideration and your earning ability in deciding the split
My point was this is not the same as a 30 year marriage and no ability to build a pension up. Your age means you have many years to do so.
Only the marital part is 50/50.
If you stayed at home fir decades, yes you could claim. Depends on how long marriage was. Anything less than 5 years, forget it
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