Court costs

[NorthGirlie]

Hi,
I’ve posted before about my woes (husband inherited property after our separation date and I have youngest child 100% of the time). As it stands, my offer from his solicitor is roughly 70/30 in his favour meaning I will end up having to get a mortgage which will really reduce any money I have and make things very tough.
My solicitor has said it is costly to go to court and is trying to negotiate a better settlement. I don’t think we will get anywhere and I know the court would offer a lot more. What do the courts actually charge?
Stbx doesn’t speak to me and is very bitter as I ended the marriage (sexless and loveless and dead) so meditation unlikely.
Is it worth holding out for a court to decide?

Mediation

Why is his solicitor offering so low and yours not immediately going back with a more realistic counter offer? Was he the SAHP?

His pension is bigger than mine but that’s because he is 10 years older however I had worked part time for 11 years raising the two children. He has offered 50% of the family home which is mortgage free. I had it valued a few weeks ago by 3 estate agents so know what it’s worth. He has offered 50% with the pensions not touched. He has also inherited another property which has been ring fenced by his solicitor. Means if you add the pensions up, with the two property values he will get 70% of assets if I only get 50% of the family home. I know I am being fleeced. Hopefully, I will get a better counter offer. He will be mortgage free but he is over 60 now so unlikely he would get a mortgage anyway. If I have to get one it will mean I will have zero disposable income left. Eldest child is over 18 and lives between the two of us. Youngest is 14 and lives with me 100%. He earns less than me so I know he’d struggle paying child maintenance so I haven’t claimed. Problem is, my job is extremely stressful and it is highly likely I will need to leave it for a lower paid role.

His pension is £300k almost. Mine £140k with 17 years still to work (for me).

I just wondered if the next offer was still low what are the implications/costs of taking it to the court to decide???

What's the split if you forget the inheritance?

Probably about 60/40

Ask for more of the house to offset the pension difference.

What do you want and what do you think would be a ‘fair settlement?’ What is your solicitor advising as a realistic settlement of it went to court?

This is not a legal view but morally I think it’s right the inheritance is discounted
The rest, while you sacrificed time as part time which should be compensated, he has 10 years less to then recouperste the gap - eg less time to rebuild pension and less time to fund a mortgage so that could offset your claim to more a bit

Why do you have the children 100% of time?

Surely you should get 50% of the house and your pensions are both shared 50%. I think it’s only fair that he gets to keep his inheritance as that was after you separated. However, it seems he does not need to put his hands on the cash from the house so could you keep the house and offset that amount against your share of his pension?

You need to think about the stress and the delays when court is involved. However, if you go back and forth loads then it will be racking up the solicitors fees anyway, so court might not be that much more expensive.

My Dad died during proceedings, long after we separated and ex still made threats about claiming my inheritance (there was none.)

Go straight to court. The judge will be fair. Your ex won't.

An inheritance after you separated can be treated as a non-matrimonial asset. It is post separation and therefore why would you automatically be entitled to any of it.

You don't say how much the property is valued at that is in the matrimonial pot?

The starting point is 50/50 and then a departure from equality can be made based on things like earning capacity, need etc.

Pensions should be equalised but you would likely need an actuary to calculate how to equalise them.

To go all the way to the Judge deciding the case is likely to cost between £20,000 and £25,000 including actuary's fees, barrister's fees, potential valuer's fees of any property and solicitor's fees.

Why do you believe the court would give you a lot more?

Would a 50/50 split give you enough to purchase a property and what you earn be enough to sustain you?

You could grab a free half an hour with another firm to ensure you are getting the best advice from your current lawyer.

Just to throw this in... if it's needs based then that inherited property might come into the equation because your ex can use that to house himself.

It might well be worth the cost of going to court .

Yes it can be costly but it depends how much of the work you do yourself. I did much of the work myself and kept my costs right down. There was the issue fee, costs of each hearing (I used a direct access barrister for the hearings) but in my case it was absolutely worth it as my ex was being completely unreasonable, putting himself first and not considering the children.

At the second hearing the judge indicated a settlement which we both accepted. I suspect he didn't want to, but when he heard it from a judge he capitulated.

Has your solicitor mentioned getting a pensions expert report? I think it's generally advised where pensions are over £100k and/or include a defined benefit (final salary) scheme. Ours cost about £2800 (we paid half each) and was absolutely worth having.