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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.

Division of assets - STBXH no solicitor

3 replies

Memo7 · 16/12/2020 23:22

Been trying to agree between ourselves about asset split but don’t think we are going to be able to. Ex has had no legal advice, and not looking like he’s going to. Acknowledgment of service just been sent back from ex to court (I’m divorcing him and everything been done through my solicitor so far, also anyone know how long from that I will get a date for decree nisi?)
Can anyone who has been in any sort of the same position give me a rough idea of what they settled for or their opinion of a fair split?
Me savings 2k (solicitors fees mainly)
Pension just under 3k (part time worker)
Car paid off worth 2k (bought after separation)

Equity in shared house with EXH around 70k

EXH savings - no idea, probably a couple of thousand at best
Pension - over 25k
Car - on hire purchase

We have 2 children, I have worked part time for the past 9 years hence the low pension.
I am the resident parent, EXH has the children one night a week. Children will be with me 6 out of 7 days after divorce is finalised, same as it is now.
I need to have enough money to buy a 3 bedroom property hopefully as they will be with me 90% of the time, I do all the school runs, appointments ect

More of the deposit for the house came from me,
I have told EXH I will not settle for 50/50 equity split but he won’t come back to me with a figure he’d be happy to settle on.

Any advice/ opinions welcome 🙏☺️

Forgot to mention marriage length was only 2 years.

OP posts:
DelphiniumBlue · 17/12/2020 08:24

If you are going to be almost totally responsible for 2 small children, and you paid more of the equity and your pension is much less than his, then depending on the value of the house, my starting point would be the whole of the house and he keeps his pension.
However you don't mention the ages and needs of the DC, your comparative earning capacities, family support locally or the value of the house. It may be that it could be reasonable to expect you to sell up and move to a cheaper area, or the converse might also be true depending on the circumstances.

Memo7 · 17/12/2020 09:25

Thanks @DelphiniumBlue
House is worth approx 130k, will definitely be moving to a cheaper area as house prices in my area for a 3 bedroom are quite a lot higher.
Children are 8 and 3, oldest has additional needs (ADHD and ASD) earning capabilities are lower as oldest needs a routine, I have one full day of childcare with a family member in the week where I work a 9 hour shift but family member also works full time so is limited to how much they can help. Have got some support from ex’s parents but have never offered childcare in week during work hours. Other day I work is on a weekend when children are at their fathers. I earn more per hour than he does but he works full time and I’m limited to how many hours I can do due to childcare/ routines.
Wasn’t sure id be able to request full value of the house due to it only being a 2 year marriage? My solicitor has suggested a 70/30 split but unsure if that’s fair and he won’t seek legal advice so it feels like it’s all coming from my side.

OP posts:
Memo7 · 17/12/2020 09:33

The plan is moving forward is to buy a property with my partner, he has money left to him from inheritance. So combined together we should have enough for quite a big deposit and a small mortgage, so i can either still work below full time hours to provide stability or work full time at some point because partner will support me with the children when he’s not at work (been around for 2.5 years, children are comfortable and happy with him even the eldest)
But I want a decent figure from the house because me and my partner have no plans to get married, if things ever go wrong I want to have enough money in my pot to buy a place of my own if we have to sell up and split the money from the new house depending on how much deposit we have both put in.

OP posts:
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