Fair financial settlement for both

[rednellie]

I've been off MN for years, but finding I need it again. My husband and I are amicably divorcing. We're both civilised and nice and there's been no arguments. However, we are currently trying to work out how to split our finances and we do seem to be looking at it differently.

We have a house in both our names. He is in a good job and will always be able to get a mortgage, etc. He's very financially stable. I, on the other hand, gave up work when we had kids and moved country. I work now but erratic, self-employed work and the areas I work in are rarely well paid. However, I love what I do. I decided to move out as I was the one who wanted to break up plus I hated our house. He wants to stay in the house.

So, our current discussion is whether I should get 50% value of the equity of the house from when I moved out or from when we get divorced. And whether I should get more or less than 50%. I want us to remain as amicable as we have been, but I also don't want to screw myself over....any help or pointers?

You should get at least 50% valued at the date of the divorce ( remembering prices may go up or down). It sounds as though it was a long marriage and you had kids so there is a case for you getting more than 50% especially if he can get a big mortgage and you can't. You need to get a solicitors advice and help on this.

It should be based on values at the time of divorce, and you should be aiming for more than 50% as the lower earner and I assume main carer of the children ( & child maintenance).

1. Value of home is based on time of seperation not divorce.

1. If you were married less than 5 years, either if you can claim unequal share if you brought substantially more to the table pre marriage.

1. If the house was a family home. You need to prove it. Durations and circumstance matter.

I'm getting tired of all this "I'm entitled to 50%' talk.

The fact is neither of you are.

Awards are based on need and circumstance.