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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 should I ask for at mediation. I'm clueless

29 replies

MagicalCreatures · 25/08/2021 00:09

Going to be starting mediation with my ExH.

Not sure what I should go In with asking for as a starting point.

Bit of background.
ExH emotionally and financially abusive.
He thinks I'm entitled to nothing as I gave up full time work to raise our Son.

DS is 2.5
I had to leave the family mortgaged home because he refused too.
Home is due to sell soon with an equity of about £70K
He has a pension worth about £35k I think.
He had about £14k in savings but spent it all on a car he didn't need (he drives a company car during the week) because he didn't want me getting my hands on the money.
He has a full time job and has continued to pay the mortgage for 8 months cos he's been living in the property.
He refused to pay child maintenance and has fought me every step of the way to make sure I struggle and everything is a battle.
He should now be paying child maintenance but hasn't yet.

I gave up full time work to raise our DS.
I am self employed and had a fantastic career. I had to drop alot of clients cos I only returned back to work part time after DS was born. It can take some time to build up a strong client base like I had before in my line of work.

I had to rent privately with temporary help from UC (I won't get this when the property sells as I will have too much in savings) and I will need to pay this and the bills using my small income and the money I receive from my share of the equity. Therefore dipping into the money I get, every month, until my son is of an age that I get childcare help or he is in school so I can work more hours. And I can build up a bigger client base.
My income at the moment isn't even enough to cover my rent. Let alone everything else.

What should I do

OP posts:
millymollymoomoo · 11/09/2021 11:03

I would leave the car out of it. It’s a red herring. It’s worth in region on 10-14k but still has finance in it so that’s his debt

What did you ask for ?
Personally I’d still state you want 100% of equity and that’s it

MagicalCreatures · 11/09/2021 16:30

I said my solicitor had advised me to go for 100% equity and he laughed and huffed and shiuted at me.
The mediator questioned why I thought he should walk away with nothing from the equity.
Afterwards the mediator and I had a private discussion and I told her his parents will be putting that 'rent' money aside for him. In the space of 1 year, he would have saved another £10,000 and I would have spent £10,000 leaving me with far less and him far more. Our situations are nowhere near the same.
Best bit is, he has demanded he has his son every Saturday overnight and every other Sunday. But so far has booked 3 weekends away doing stuff for himself leaving me to find childcare for the Saturdays I have to work. He doesn't realise that he has committed to having him every Saturday but, expects me to pick up the pieces when he just decides he doesn't want him one weekend cos he has something better to do.

OP posts:
millymollymoomoo · 11/09/2021 19:38

Just get it to court
Don’t get drawn in to long debates or emotions

100% equity for clean break else you’ll go for that and the pension too

ThisIsStartingToBoreMe · 12/09/2021 08:53

OP I don't think you've been given particularly good advice here because everyone is screaming 50/50 but no-one has taken account of your personal circumstances.

How about letting him keep the house and all the equity in it.

This will

  1. make him feel like he's won
  2. secure a future asset for your dc
  3. ensure that any cash you would have received from the equity won't be frittered away on rent.

In return, ask for his pension to be transferred to you. that pension can't be accessed by you yet and so won't be included in any univeral credit/housing costs claim, and you'll be able to claim the maximum as if you didn't have any money.

If you go for my suggestion, you get to keep the money. If you go for 50% equity you will spend it on rent.

Forget the car, the judge won't be interested.

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