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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.

What will I actually be entitled to?

14 replies

multiar · 03/05/2021 18:57

Been suffered coercive and financial for years. I need to see the bigger picture.

What should I be entitled to in the divorce?

Married 10yrs together 25
House joint mortgage
2 children 12 & 17
He works full time £60k year
£50k savings in his name
£20k savings my name (inheritance which will soon disappear if I start renting)
I know he has a work pension

I think he suspects I'm looking into things as he's started spending big to try to avoid me getting 'his' money.

OP posts:
thelonggame · 03/05/2021 19:36

starting point on a long marriage (they will count the time before marriage) is 50/50, but the need of the children will come first.
You each should get half of the house equity, half of all savings and half of the pensions.
But it will all depend on housing for the children which is the priority for the courts.
Would you be able to afford to buy him out of the house if you are havong the majority of child custody?

thelonggame · 03/05/2021 19:40

I've read about cases where one side has deliberatly spent their savings to prevent the other having access to it and the courts have awarded the equivelent amount back to to the other side before division of assets if you understand what I mean.
I'd speak to a solicitor pretty quickly to get better advice and get your worries on record.

multiar · 03/05/2021 20:08

Part of the abuse has restricted my freedom to work so I am unemployed. Unfortunately DH refuses to leave as he pays for everything and I don't want to uproot the kids. So I'm probably going to be moving out alone. I'm not abandoning them I just can't provide the best place for them to live.

OP posts:
blackcurrantjam · 03/05/2021 21:13

Looking for jobs or training
See a lawyer - if it were me I'd be using some of the 20k to get one
Look at what help you might receive although kids are old so you'll need to work? Unless already doing that. Child benefit?
Basically work it all out. How much equity in the house?

blackcurrantjam · 03/05/2021 21:15

Split starts at 50/50 and goes from there according to need. You might need more of the equity for example.
If at all possible can you stay in the marital home? But start the process. You never know he might move out. You start paying for stuff etc

multiar · 03/05/2021 21:28

@blackcurrantjam

Split starts at 50/50 and goes from there according to need. You might need more of the equity for example. If at all possible can you stay in the marital home? But start the process. You never know he might move out. You start paying for stuff etc
I've been trying my best to stay in the marital home, it's been going on for many years. Separate rooms for 6 years. He controls all the money I pretty much get what I'm given.
OP posts:
blackcurrantjam · 03/05/2021 22:35

Flowers sorry OP that sounds hard.
What's the equity in the house?

coronabeer · 03/05/2021 22:37

Go to the Resolution website. Look for all the family solicitors in your locality. Go through each website and see which ones offer a free 30 minute consultation and make an appointment somewhere. That's how I got started and my main regret is waiting as long as I did. If you are worried about your husband finding out, don't be. They will check with you which are the "safe" ways to contact you - they won't just call your home phone number, for example.

Wallywobbles · 03/05/2021 22:53

It's not what's left on court day that counts. It's what's left when you start the process. Start as fast as possible. Also don't just go to one solicitor. Find one who understands and will fight your side.

vivainsomnia · 04/05/2021 12:12

Your children are now old enough to not need childcare. You are breaking away from him so can do what you want and need and that starts with getting a FT job. Everything will become easier once you earn a reasonable income.

multiar · 04/05/2021 19:28

@vivainsomnia

Your children are now old enough to not need childcare. You are breaking away from him so can do what you want and need and that starts with getting a FT job. Everything will become easier once you earn a reasonable income.
I know it sounds trivial but we have a 10 month old puppy who can't be left more than a few hours, I'd hate to have to rehome him, he means a lot to the kids.
OP posts:
Dixiechickonhols · 04/05/2021 22:35

A lot of jobs are wfh with Covid or use a dog walker. So you walk before work, Walker does say 11-12 then DC at 4 after school. I pay £12 for an hour group walk. Or doggie daycare but obviously more expensive.

millymollymoomoo · 04/05/2021 23:04

You won’t get more in terms of financial settlement because of your dog!

At those ages you’ll be expected to work and support yourself rightly so but may get a higher degree of assets to compensate lower earnings

You’ll need to think about dog walkers/ sitters/leaving the dog up to 4 hours like everyone else has to

MiddlesexGirl · 04/05/2021 23:08

Contact www.nationaldahelpline.org.uk/
They can help you think about your options.

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