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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 and financial and home-making contribution

4 replies

Fairydellduo · 28/08/2021 12:38

Hello

Currently starting on the long and possibly awful journey of divorce and needing advice please.
Married for 6 years. I have two 13 year olds from a previous relationship (live with us and I get no maintenance payments from their birth father).

Husband has a 19 and 23 year old. He pays £300pm CMS payments for 19 year old - in full time education but stopping October when turns 20.

We have a house valued at £420K/ Mortgage of £170K. In both names and on title deeds.

I have contributed £113K to the extension (original house bought last year for £263K). The house we had previously in joint names too - the deposit of £38K was my money.

I have contributed 83% of all the bills and financial commitments to date as well as paying for our wedding, honeymoon, holidays and such thereafter.
I am 47, husband is 53. I work full time, he has a 'seasonal' job that involves the cricket season. He has a degree and chooses not to leave his interests for earning potential (one of the reasons for the divorce).
He earns circa £21K (self-employed). I earn £38K employed.
Husband does very little home-making/chores/children involvement (only thing he does really is son's cricket).
I received an inheritance last year hence the hefty contribution and the possibility of the extension.
We have no debt other than the mortgage.
Both have rubbish pensions (but I stopped paying into mine to be able to pay the bills while he started one!)
What weighting does the home-making and financial contribution have on a financial settlement? Do I stand just to have this ignored in the settlement?

Any pointers most appreciated!

OP posts:
blackcurrantjam · 28/08/2021 21:26

It's less to do with contribution and more to do with housing. Put all in pot. Split according to who needs what. However he could work more. And there wouldn't necessarily need to be a delay to this due to ages of children.

Berthatydfil · 28/08/2021 21:30

6 years no joint children - this could be a short marriage but you need legal advice

waterSpider · 28/08/2021 21:33

... the point being that in a 'short marriage' there is more of an expectation that people are returned to the pre-marriage point, with less sharing of resources (like inheritances). As ever, things like this are not properly defined, and 6 years is quite long -- so, get on with the divorce quickly!

LemonTT · 29/08/2021 09:24

Take advice on the breadwinner / homemaker ruling. But my understanding is that it a ruling to say that courts weren’t going to factor in the value of roles and financial contributions when deciding what is an asset and what should be shared.

The reality of the situation is that the main asset is the house. It’s clearly a home you bought as a couple and lived in as a married couple. Investing and paying for it together. By getting married you decided to combine your wealth and income. The house is a marital asset, owned by you both as a couple and it will be split between you.

The marriage isn’t long but it isn’t short. Time lived together will be included as well.

In your favour is the fact that your needs are greater because you have two dependent children. As well as the fact that a huge proportion of the marital asset came from wealth you accrued outside the marriage.

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