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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Is this a fair settlement?

21 replies

Wishingandwaiting · 22/09/2017 21:18

Ex earns £150k per annum with generally about £60k bonus (will be 40% taxed). Early forties so will no doubt increase with time.

I was in a very decent job when I left following birth of first child almost 8 years ago (29, £50k per annum).

One property valued £600k, we have £330k equity.
Ex pensions valued £280k
My pension £50k
Ex savings £30k
Me no savings (well, couple of thousand)
No debt

We have provisionally agreed that I keep all equity but do not touch his pension or savings.
2 young children, 90% residency with me.
Global maintenance until youngest 18 (14 years time) £2350 a month (CM set at £1616).
I will return to work within two years.

Yes, the figures are high but bear in mind his take home is £7k a month, with very good bonuses.

Is this fair? I am in two minds. Most of the time I think yes. Sometimes though I think - three of us, one of him....

OP posts:
BritInUS1 · 22/09/2017 21:20

Have you talked it through with a solicitor?

Are you getting £2350 or £2350 + £1616?

Wishingandwaiting · 22/09/2017 21:22

He is very fair, very honest and very generous.

I trust him completely.

My issue is that I have so much on ATM that I'm always in a hurry to just acxept whatever is out to me. Added to which, I'm very much of the view "oh it will be OK whatever", so I worried I'm not given thus the consideration it needs. My solicitor us very good but very expensive. I'm keen to have my own view before speaking further with her.

OP posts:
Wishingandwaiting · 22/09/2017 21:23

£2350 total fom when I start work (in approx 18 months).

Until then it is a bit more (£2500)

OP posts:
childmaintenanceserviceinquiry · 22/09/2017 21:37

I was given global maintenance for 12 years with a substantial step down after 5 years so that I could return to work after a career break that we had jointly agreed. I have been unable to return to my very high paying career. It only took my ex 3 years to persuade a court that any spousal element should be removed and that if I wanted child maintenance I should apply through old CSA. He at the same time increased substantially the amount of time that he had our DC. Actually he didn't he outsourced it, but that didn't matter to the family court . They actually truthfully couldn't give a shit who is looking after a child, I guess as the child can't vote or create a fuss, My ex is a very high tax payer. Eg he could afford a barrister, I had to represent myself. I would always recommend now that if you are intending to return to work quite soon that you look to maximise assets in the divorce settlement. As these are untouchable after the final decree. Child maintenance can always be varied after 12 months. So don't be daft do consider the pension valuations. Do not under any circumstances believe that this person will continue to be reasonable, I will believe until the day I die that my ex's partner stirred him up and egged him on to remove the agreement. It has irrevocably damaged relations between us. I know that the family court expect families to be agreeable but my willingness to compromise and be reasonable has cost me a lot.

Wishingandwaiting · 22/09/2017 21:43

Incredibly helpful.
I plan to go through very carefully tomorrow morning. I may have questions, if that's ok?

Thanks so much

OP posts:
GoldenOrb · 22/09/2017 21:44

This reply has been deleted

Message withdrawn at poster's request.

Wishingandwaiting · 22/09/2017 21:44

How far in yo that 12 years are you now? And how far in to it did you return to work?

OP posts:
Rollercoaster1920 · 22/09/2017 21:49

Where would you live?

Familylawsolicitor · 22/09/2017 21:52

This reply has been deleted

Message withdrawn at poster's request.

Wishingandwaiting · 22/09/2017 22:04

Familylaw - we paid for a pension report. On paper the pension was £315ish but valuation was £280k

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Wishingandwaiting · 22/09/2017 22:05

Not a defined benefit scheme

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Wishingandwaiting · 22/09/2017 22:07

I'm staying in the family home.

With the global maintenance and benefits I can afford the mortgage. It's tight but doable. Ex remains on mortgage. Then when I start earning, I take over. There is a deadline of 4 years,by which point I would have been back at work for two years.

OP posts:
Wishingandwaiting · 22/09/2017 22:08

I have a solicitor.

Very good. Very expensive. I would prefer to go to her when I have stewed / pondered / mulled / discussed beforehand.

OP posts:
GoldenOrb · 22/09/2017 22:11

This reply has been deleted

Message withdrawn at poster's request.

GoldenOrb · 22/09/2017 22:12

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Wishingandwaiting · 22/09/2017 22:17

Somebwill inclide child maintenance. Not spousal. I have enquiried of my current, and they will accept if in financial consent and been paid continuously for 6 months

OP posts:
Wishingandwaiting · 22/09/2017 22:17

We did together

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Wishingandwaiting · 22/09/2017 22:17

Output of three mediation sessions

Plus independent discussion with our respective lawyers

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maudeismyfavouritepony · 22/09/2017 22:28

I don't know much but from my SIL's experience, I strongly suggest you look at the pension issue - I'm guessing you will have very little when he will have a lot.

millymollymoomoo · 23/09/2017 12:50

If you start making large demands on pension you might see the offer on 100% of equity reduce. I don't think you can expect really all the assets available now and large chunk of pension. Pensions are often ' traded' against for equity now. You'll also be returning to work in 2 years time-you'll have 25 years to build up your own pension pot too. What kind of salary will you have when you return and total monthly income inc the maintenance? What size mortgage will you need!

babybarrister · 23/09/2017 19:57

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