Separation finances

[Numpty85]

I have a legal aid solicitor and i am in the final stages of a divorce.

I have never met her, she seems to have zero interest in me and is just very abrupt.

Now we have got to the financials she just asks what i want from my husband financially. I want what i am entitled to and what is fair but have no idea what that is. Everytime i ask the question she reverts it back to me. I have no idea!

Is there anyone else i can ask advice from please?

There is no fixed entitlement, and what one person thinks is fair might not be what someone else thinks is fair.

However, the usual start point is 50:50 of all marital assets (pensions, house equity etc) + child maintenance if relevant.

Does that help get you started?

There’s no set “entitlement” and it makes sense in paperwork and negotiation terms for her to begin the process with a rough idea of where you’d like to begin: there’s no real point her drafting everything out at the starting point of 50/50 if you’re immediately going to object and say you were expecting a higher split in your favour.

Are there any DC and who will be the main carer? Who had the higher income? Did one of you give up professional opportunities to raise children? How do you think that should be reflected?

But yes, Legal Aid solicitors aren’t necessarily motivated to focus on you or get you the best deal: they have an enormous caseload to manage and don’t make money by dragging things out. Some are very good, others are just too swamped.

You need to understand and think about

where will you both live
are there chikdren to house
how old are you both
what do you both earn. ( and potential earnings)
hiw long were you married

think about what you need to start again? Eg will you sell the house, will one party stay, what can be afforded

tiu need to understand what assets there are to split, do you?

be realistic, no point asking for 100%
can clean break be achieved on 50:50? If not could it on 60:40? More… are their funds available to provide that? Are their mitigating factors to warrant more eg young children to house and provide for

etc etc etc

Because circumstances vary. You have a legal aid solicitor for a reason, most people don't qualify for one even if they are very low income. If there isn't much in the way of assets some women prefer to walk away from an abuser or others negotiate a clean break and don't seek child support.

The typical starting point is 50/50 then you need to consider your ability to house based on earning capacity eg Dp's ex got enough money to buy a smaller house outright. It's assumed that you will work pt once kids turn 3/5 and full time from 11 roughly when considering money

Thank you everyone.

There are no marital assets so its difficult.

Ex is a very large earner (5 times my salary) and i left the house we lived in with nothing in secret (it was an abusive relationship) rented and furnished a house for my son and me. Sold my car to do it.

Our son lives with me though he has him at weekends.

I dont want to be unreasonable but am aware this is my only chance to get anything... I don't suppose there is a right answer

By ‘no marital assets’ do you mean that there is no equity in the house?
if there’s absolutely nothing, not even his pension, then there’s nothing for you to have apart from child maintenance.

(Post above reported)

What do you mean, no marital assets? Do either of you own your house? are there any pensions? cars? debts? This includes things owned before you married or bought in just his name.

If there really is nothing then you'd mostly be looking at child maintenance - use the CMS calculator to work out how much would be due.

If there's no marital assets then there's nothing to split! It's just child maintenance

Are there no cars, a house, debts, pensions at all? If not then you will get cms for your child.

A share of any savings that he has. Any investments. His pension plan.
I would also get a maintenance plan that is truly representative of his income, ieo the calculation that the cms would suggest.