Hi. I am in the process of divorce. Have two children 3 and 5 who live with me full time. They stay with Daddy once a fortnight. Husband wants 50% of the house equity. Solicitor told me to go to mediation. Husband refuses to go and mediator told me that a financial adviser can advise on the % split. Financial adviser that I saw right at the start said that it would be decided with legal advice! Anyone already been through this and know how to get to a figure? The divorce is no longer amicable. Thanks in advance
Generally a financial adviser would be to work out the pension split, not the house. Even then, it’s only once the lawyers have agreed on who’s having what %- the adviser just works out how to make that happen. So weird advice from your solicitor. He/she needs to sort this!
If the kids are predominantly with you then it's likely you could get a split more like 70/30 but it will depend on lots of factors like earning capacity, pensions, can he buy you out or are you selling the house etc. If he won't mediate then it is likely to end at court but don't panic about that.. Its not as scary as it sounds and part of the process is a dispute resolution - sort of mediation with a judge nudging you toward a settlement. Don't accept anything your ex tells you as legal 'fact', use your solicitor and get reading online also.. There are some v good sites with advice.
RainySeptember that is a great suggestion. He always has his nice guy face on in public so what he says there will be more likely to go ahead. He quite happily spouts completely different things to when we are in private. Mediation is definitely not right for us.