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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.

Divorce separation %

68 replies

Sadandlonely1 · 14/07/2019 14:22

Hi, I’m separating after 20 years 2 children, agreed 55% of house, but husband says I’m unfair not taking 50/50. We’ve spoken to friends and they did amicable 50/50 and he said he’ll hate me if I as for more. Solicitor is biased and wants me to chase him for a lot more. I’ve only worked part time and haven’t contributed financially. I’d really like to know if he is being mean and if it can be amicable. I’m so sad but don’t want to be a walkover. Please help

OP posts:
MrJollyLivesNextDoor · 19/07/2019 11:11

This is why you need a solicitor - to go through all the options available to you

FairytaleOfWigan · 19/07/2019 11:14

Why are you trying to sell the house ? Where will you and the children live?

CarrieMayBe · 19/07/2019 13:18

If you instruct a sol to sort out the finances then the first thing they will get you both to do is to complete a Form E. This is full financial disclosure from both sides and you both need to detail every penny you anticipate spending - even down to things like haircuts and food for Christmas! It’s a pain to fill in but gives a great picture of your incomings/outgoings. I suspect in a lot of cases finances can be decided from this alone.

It also doesn’t necessarily have to go to court. Mediation is a much better (and far, far cheaper) way to go about deciding settlements but it does rely on both sides aiming to be reasonable. My ex refused to attend mediation.

My divorce took well over 18 months to complete, but a lot of that was complicated by my ex having his own business and he ended up being ordered to get it valued. We went to court 3 times but luckily avoided a final hearing which is where the big costs would’ve been incurred. Whole thing still cost me £46k though but I took out a litigation loan which didn’t need paying back until I’d received my settlement. I had no other way of funding the sol fees unfortunately but I still ended up with nigh on double my ex’s best offer before we went to court.

With regards to remaining living together whilst waiting for the house to sell, I do know of people that have had to do this. It’s not easy, I know I couldn’t have done it, but it’s doable. What effect it has on the children though I wouldn’t like to say. You will likely be entitled to remain in the house until your youngest leaves education but this will depend on whether or not you can afford the mortgage alone (if there is one). Or, you can get what is known as a Mesher order where the split of the equity is decided as a percentage now but doesn’t actually get shared out until the house is sold in X amount of years.

Try not to let concerns for how your ex will be able to afford to live somewhere if you get a larger share cloud your judgement here, remember that he has been the main earner in your marriage and will likely to continue to be. He’s not going to come out of this without a penny to his name - no judge would sign off a consent order that was grossly unfair to either party - and he will be ok once he’s had a chance to rebuild. My ex told unbelievable amounts of sob stories during our divorce but luckily no one really believed him as the high life he is living now firmly disproves all of them!

My ex was more than happy to leave me after I discovered his affair and had a figure for settlement in his head from day one. I am certain had someone advised him how ludicrous that amount was, he’s have begged me to let him stay. Beware this is what your husband may well be doing now, he’s scared of losing out financially and would rather stay (and cheat again) that take the risk.

Sadandlonely1 · 21/07/2019 12:18

I was actually considering listening to him and trying again, he keeps telling me I’m making a big mistake I’ll regret and we should try again.
Then he goes mental when I take son to water park as that was his plan and I’ve been selfish for ruining it. Swearing and shouting at me. I’ve explained that if he wanted to try again why say these nasty things and would he react this way if I did something else he deemed wrong and he said yes, if I did something stupid again. He doesn’t see that it was utterly wrong to overreact the way he did. The name calling kills me. Then I think, maybe I shouldn’t have taken him there...
He won’t change and keeps saying why can’t ‘i’ Understand what I do is wrong.

OP posts:
sue51 · 21/07/2019 12:21

You know he won't change. Have you arranged to see a solicitor yet?

Sadandlonely1 · 21/07/2019 12:57

I’ve contacted one, but they want to plough ahead with divorce £1200 incl £550 divorce, it’s so scary, he’s going to go mental. And how do we divorce and talk money if we can’t sell the house. He can’t afford to rent if I stop in the house, and wouldn’t have money to pay the children. It’s so messy, I really wanted to fix this but I can’t. I’ve been controlled by him for so long and now I don’t want a solicitor telling me what to do, just to line their pockets. I’ve had it with men. Heartbroken

OP posts:
Sadandlonely1 · 21/07/2019 12:58

Now he’s said can’t I see what I did, going to the water park when he anted to go, is totally wrong, selfish and unacceptable and I’m crazy not to be able to see that. It wasn’t intentional am I really that bad and I can’t see it??

OP posts:
MrJollyLivesNextDoor · 21/07/2019 16:37

Why are you so against taking advice from a solicitor?

PicsInRed · 21/07/2019 17:54

I don’t want a solicitor telling me what to do, just to line their pockets. I’ve had it with men. Heartbroken

So ... get a female solicitor, then? 🤔

Your life is your choice and the results of the active choices you make now will also be your choice. You are not helpless, you have the choice to either get up and help yourself or choose defeat. 🤷‍♀️

BringMeAGinandTonic · 21/07/2019 18:03

No you are not that bad. This man is trying to brainwash you.

OP you need to compartmentalize. He is trying to drag you down so he gets all he can out of this divorce, so you need to build a wall to his words/actions. You have to think of yourself now without any concern for what he says or does, okay? Focus. Please. I mean this from my heart. You gotta focus. I know this sucks and it is hard and you want to probably lay in bed and cry or throw things and you can do that but then when you're done, you gotta pick yourself back up and fight.

Get a female solicitor.

I am going through a tough time in my life as well and I want to give up daily and admit defeat. But I can't. I have to keep going, hard as it is, much as it hurts. I have so many roadblocks wherever I turn and it is so frustrating but I can't sit here and let the stampede of life just walk all over me. You can do it. Find that tiny bit inside of you that wants to fight and fight!

And your husband will likely hate you no matter what share you end up with because he's a selfish prick. Fuck him. Look out for you and the DC.

Sadandlonely1 · 23/07/2019 00:41

And he’s just proved it. I’ve waited up for our daughter, 17, went to bed and he’s thrown my pillows on the floor and not allowing me to sleep in my bed as it’s woke him up. Worse decision he’s ever made.

OP posts:
Sadandlonely1 · 23/07/2019 01:03

Heartbroken I’ve been a sucker for all these years

OP posts:
Luzina · 23/07/2019 01:12

You need to go and see a solicitor, not via email but face to face (if you haven't done this already). Let a professional advise you. You might think 55% is fair but it may not be what's genuinely fair for you and your children. Solicitors aren't always out to line their pockets. It will be ok but plesse get some decent legal advice

Sadandlonely1 · 23/07/2019 01:18

Thank you, I’m trying to get an appointment this week. I wonder how you go about keeping the house until the children are 18?

OP posts:
Madlove · 23/07/2019 07:43

Get advice specific to your circumstances. It’s not the norm any more for the woman to ‘keep the house’ until the dc are 18 but it depends on the couple’s situation and the age of the dc etc. It doesn’t sound like you could take on the mortgage on your own or buy him out.

I had to sell up and I had two small dc but neither of us could buy the other out. Obviously the equity was split between us to allow us to move on. A clean break divorce is preferred these days.

PicsInRed · 23/07/2019 11:08

Thank you, I’m trying to get an appointment this week. I wonder how you go about keeping the house until the children are 18?

"Mesher order".

They're a bit out of favour (though still available) so you'll need to google, understand the implications, show that your understand, and really push for it. You'll need a good solicitor.

Sadandlonely1 · 23/07/2019 11:13

Sounds too costly but thank you for the advice. I just don’t want him here whilst we try to sell it for a clean break. It’s horrible and so sad

OP posts:
CarrieMayBe · 23/07/2019 16:51

How much equity is there in the house? Can you afford the mortgage on your own if you were to get a mesher order?

If you stay in the house then you either need to buy him out or get a mesher order so he gets his share when the children are old enough for you to be able to sell the house.

The alternative is that you sell up for the divorce, you each get a share of the equity and then you can move on. I desperately didn’t want our house to be sold but I couldn’t afford to buy ex out, I could barely afford to run the house as it was huge. I now live somewhere much, much smaller and although the children have struggled to adapt I have to say I absolutely love it! And there is a lot to be said for a fresh start, however I did keep the children in their schools as didn’t want to uproot them any further than necessary. This house has no bad memories, my ex doesn’t look on it as having once been his home... I truly feel I’ve moved on quite literally!

I don’t think you’ll be able to do this without a solicitor, you can keep costs down by doing a lot of the paperwork yourself but you really need some legal advice here. Some sols will let you pay at the end, some even manage to get the respondent (I.e your husband) to pay all costs although I think this is rare. Your husband will be liable for to pay the court costs for the divorce as respondent so that’s the £550 charge. Like I said above, I had to take out a litigation loan which didn’t require paying back until I got my settlement but the interest rate is scary. I had no choice though and don’t regret it as my ex would’ve wiped the floor with me if I hadn’t had a sol behind me.

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