Is division usually 50/50

[Rebecca75]

Currently in the hideous and never ending financial arguments. Divorce petition sent off. Stbxh earns twice my salary with option of pay rise as I'm having the children. We have 2 houses, I paid off the mortgage on the rental property 17 years ago - he didn't put any capital in. He borrowed against it to put down as a deposit on our current house which also has a mortgage on it. He will only leave if I take on both mortgages which I can't afford to do. Even if I could afford to I wouldn't want to as I already paid it off once.
What do you think the judge would order?

Btw - I only went back to work in March after 9 years off with the children until both at school

The starting point for the asset split will be 50:50 regardless of who paid for what.

Courts are required to consider needs of children first. If you are to be the main parent with care and your Stbxh earns more than you it may swing the asset split in your favour, but your Stbxh needs will have to be considered too.

You need proper advice from a family solicitor. No one can answer this properly here.

Division of finances starts at 50:50.

Doesn’t matter who brought what into the marriage (unless you protected those assets with a pre-nup) or who paid for what.

Get a solicitor - it will be worth the ‘investment’.

Division of finances starts at 50:50. Doesn’t matter who brought what into the marriage (unless you protected those assets with a pre-nup) or who paid for what.

None of those statements is always true. It is a lot more complicated than that.

Why would you take on both mortgages? Is he just be totally unreasonable?

Is there equity to allow you both to buy new houses with a mortgage?

Any court settlement is very Judge dependant but more settlements are leaning towards 50:50 but it depends on factors such as your ages, mortgage raising capabilty and any other assets such as pensions or savings. A judge won't stick to 50:50 if you need slightly more and Ex can get a mortgage without undue hardship.

Can you see a way to craft a finance settlement that enables you to be housed?
Have you worked out csa? Ideally you get a deal agreed between you or with mediation but it only works if he is being reasonable.

I should say, sadly divorce makes both parties feel poorer, you will have to give up thoughts of "rights".
I had my own mortgage free house before meeting Ex which I could now no longer afford, post divorce...such is the impact of marriage on finances.It hurts but I need to accept it

To lifebegins50

I know what you mean. I had to remortgage my house and borrow from my parents to get rid of my ex. However, whilst I am poorer in the bank I am more rich in my head.

I have offered him the money, bar £18k which I agreed to give him if i ever sold this house or remarried. He is willing to take the whole thing to court and us have to sell everything for the £18k, I cant afford to pay (I can only afford to pay the rest by borrowing it from my parent.

How bloody dismal that finances can go 50/50 - the money came from my mother aas inheritance as she died when I was a small child. For him to take/get that money is, for me, like him stealing her from me.

I do have a solicitor but we have started mediation to try and keep costs down - I don't hold out much hope of it working though..