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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.

Any guidance on how much I'm entitled to please?

10 replies

UnicornsExist · 14/09/2019 08:47

I separated from my husband last year. We have agreed that we no longer want to be together and that we ought to start the ball rolling with regards to our divorce. I am potentially going to go down the unreasonable behaviour route because he has been pretty horrific in many ways.
What would be really helpful for me to enable me to start planning on what I'm going to do with my life now everything is changing is a rough idea of what I'm likely to receive from a divorce settlement.
We have a 9 year old and and a three year old. We have been married 8 years, together 12 years. My husband has been very abusive for the last 5 years. I have had to relocate several times due to his work (military) so although I work now, it's relatively low income.
Husband earns £70k. He has an exceptionally good pension. I have no pension at all because I gave my career up to be with him and have his children. Our house is worth approximately £500k with £200k of that on a mortgage. He has recently inherited over £600k from his father. He put equity into the house, I didn't. He pays all the bills. I pay for things like the pony that our kids own, top up the house keeping etc. Realistically, how much am I likely to end up with?

OP posts:
NSA2103 · 14/09/2019 09:04

Suggest you ask a solicitor, not social media. Provided your needs are met, don't expect any of the inheritance.

UnicornsExist · 14/09/2019 09:15

I'm going to ask a solicitor within the next couple of weeks, I'm just at the stage of trying to get my head around everything at the moment and come up with a sensible plan for the future.

OP posts:
PurpleWithRed · 14/09/2019 09:34

Go to the solicitor with all the financial information you can gather. The reason for the divorce is neither here nor there, nor is how you currently split the household spending. If you've been separated for a year you might as well wait until two years is up and go for a divorce without the need for unreasonable behaviour.

On the face of it, the start point would be half the house equity, half your joint pensions/savings, CMS maintenance for 1 child mostly with you of about £500-600 per month. Inheritance would be a moot point depending on the circumstances and mediation.

UnicornsExist · 14/09/2019 09:41

Thanks purplewithred. That gives me a starting point.

OP posts:
Ss770640 · 25/09/2019 20:09

I should add that only what was earned during marriage is split 50/50.

Inheritance and gifts are excluded.

If you've been a stay at home mum you have a further claim. But would have to be documented in terms of dates etc.

hairtoss · 29/09/2019 22:53

Inheritance (that has actually happened) is not always excluded, it forms part of the picture of the marital assets, it can be included to help balance out the spouses finances.

sandyvacancy · 30/09/2019 14:30

I’ve not experienced the situation but my solicitor said inheritances could well form part of the marital assets

Ss770640 · 05/10/2019 16:31

If the inheritance was given before marriage then used or transformed after marriage it may become marital. However it wasn't earned during the marriage. Important point.

My basis is Scots law not English

Mrsmememe · 06/10/2019 07:06

You could claim spousal support too.

stucknoue · 06/10/2019 07:41

We did the moving thing and I'm getting spousal support, income is a bit higher though and no cms (kids at university). 50% is the starting point and you should look to mediation so it's not down to the courts - ideally you get enough equity to buy a place outright that's big enough (so a 3 bed) and you demonstrate you are trying to improve your earning power by perhaps studying whilst you have a little one, the idea being any spousal support (over cms) is temporary. I'm keeping the house getting it until the mortgage is paid off (6 years) by which time both kids will have graduated and youngest completes her training

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