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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.

Critique my divorce financial order request

182 replies

Audioslaw · 26/05/2022 19:09

This is going to be long as I will try and set out all of the relevant information needed to discuss 'fairness'.

Getting divorced. I have applied myself paying the full £593 as he refused to pay half. Using the new no fault process that came in in April so have not needed to state 'reasons'.

Met 2014, started cohabiting 2017 with myself and my ds from a previous relationship moving into his house that he had bought with a mortgage himself in his sole name. Ds is now 11. I have no other DC. He has no DC at all. We share no children.

Married 2018.

Split up boxing day 2020 with myself and Ds then moving out to a rented flat in early 2021. Been here ever since.

Me.

  1. Work full time earning 26k. Secure employment. Get a little bit of UC of £400 and my rent is £850. Receive a small amount of CM from Ds dad per month. £82 child benefit

My only asset of over £500 is a car worth £3500 and I have £900 in savings (it was £600 more than this but had to use it for the court application fee)

Earning potential is top 40k in realistic terms but it will take me another 7 years to reach that, so I'd be 42 by then. I will always be full time.

I have little pension as between 2011 and 2020 I worked part time at this point so only have two years of full time pension contributions to speak of.

If I am to buy a house I'd need a 25 yr mortgage so need to do it this year.

When I started cohabiting with him in 2017 I had a pot of £16k that I was planning to use as my own deposit. At this exact time I was viewing 2 bed terraces and had mortgage in principles enabling me to buy one of these houses alone at the time. This would have covered a 10% deposit and all fees AT THE TIME. where we live has risen hugely in the last 7 years and the same houses are at least 100k more now.

This 16k got spent on joint expenses, our wedding, honeymoon and house improvements during the time we lived together.

Him

Nearly 50 years old.

Earns £45k rising a small amount each year and this raise is performance based. Secure employment. Has a small bonus each year but not guaranteed. Should he lose this job he would easily get another at a similar level (managerial - private sector)

House which would sell quickly for 310k in its current state, of this £260k would be retained after clearing the 40k mortgage left. There may be a few thousand early exit mortgage fee as it was fixed until 2025. No other properties.

He has between 10-20k in shares / share save investments stocks but I am unsure of exact amounts or where
D
Has a very large pension. Not sure exactly what the pot is worth but it would be a comfortable retirement if he continues to work full time for 10 more years at least until age 60. More if works later on in life.

Based on my finances, I can get a mortgage of about £104k. The very cheapest 2 bed property I could get within 5 miles of Ds school would be 240k.

I am thinking of proposing a request for a lump sum of £130k which equates to 50% of the house equity and then if I saved myself for a bit longer the remaining 6k and then a few more thousand to cover moving costs and fees etc, I SHOULD be able to get on the property ladder before my 36th bday. It would be really tight but just about doable. Of course this is at today's prices though so doesn't account for any big rises.

This would leave him with the other £130k to buy his own 2 bed place or of course he could stay in the current place and remortgage in order to release equity to me to use as a down payment. He is not tied to any particular area of our city as much as I am. He has no dependents or outgoings.

I do not intend to ask for any share of his pension as he is older than me, I have an extra 15 years to pay into mine than him to build it up. I also do not want any of the shares etc. The only thing I need is the ability to buy a house for myself and ds to live in to get away from precarious and expensive renting and to secure our future.

What do you think?

Am I being too 'grabby'? Hate that word. unrealistic as a short marriage? Too lenient as it should start at 50/50 as I have a child to house and he doesn't?

Obviously as you'll see from me stating my income I don't have money for expensive solicitors etc. I am hoping we can sort out an agreement in mediation.

Really appreciate anyone's thoughts on navigating this and setting it out as my life is just so unaffordable paying this huge rent each month not to mention rising costs of everything and knowing I could be asked to leave at any time.

OP posts:
RJnomore1 · 26/05/2022 19:14

I think you need legal advice, my friend is getting divorced and her house apparently isn’t a marital asset as she owned it prior to the marriage and exh despite contributing to the household never contributed to the marriage. They were married a lot longer but we are in Scotland which may differ. However I’m not sure you’re entitled to anything: if you are it may be a percentage of the increase of value in the house during your marriage but like I said, best get proper advice.

RJnomore1 · 26/05/2022 19:14

Sorry never contributed to the MORTGAGE

myuterusistryingtokillme · 26/05/2022 19:17

£130k for a 2/3 year marriage and a 6 year relationship? Jeeez that is a steep expectation given that you have no kids together!

I'd be hopping if you proposed that frankly

Audioslaw · 26/05/2022 19:18

Yes I think you are right it's just how to find the money for the lawyer 😭 I was told that it's everything in for both parties as a starting point and go from there. It's all a bit stressful

OP posts:
bigdecisionstomake · 26/05/2022 19:20

I agree with PP - you need proper legal advice.

When I got divorced (10 years ago) any marriage shorter than 5 years was classed as a 'short marriage' and the 50/50 principle wouldn't apply according to my solicitor. Also the fact no children were born into the marriage affects the potential split.

I suspect you wouldn't be entitled to a share of anything brought into the marriage (i.e. any equity that was in the house prior to you moving in) although you may be entitled to a 50% share of any increase in value of any asset, particularly for example if you can demonstrate you contributed to household finances, e.g. the mortgage. That would include pensions, shares etc... as well as the house.

IANAL though so you do really need professional advice.

Audioslaw · 26/05/2022 19:20

These are the sorts of opinions I need as I've never got divorced before so I don't know what's right despite online research that I've done which has suggested it goes on 'need' of the disadvantaged party which is me, financially. I will try and get proper legal advice but I'm skint

OP posts:
breatheintheamazing · 26/05/2022 19:20

Christ I hope this is a joke - you are 100% grabby!!! You want half the equity on a house he paid for based on being together less than 5 years - and a child that isn't even his

I hope anyone else posting this evening wondering why their boyfriend won't marry them reads this

Audioslaw · 26/05/2022 19:21

Ok ok don't shout at me! I don't want to be grabby that's why I'm asking!

OP posts:
WhoopItUp · 26/05/2022 19:23

myuterusistryingtokillme · 26/05/2022 19:17

£130k for a 2/3 year marriage and a 6 year relationship? Jeeez that is a steep expectation given that you have no kids together!

I'd be hopping if you proposed that frankly

This ^^

stanfi · 26/05/2022 19:23

Married two years, no children.

At most I'd expect the return of half your £16,000.

MarmaladeLime · 26/05/2022 19:24

Get legal advice. As for what I feel is fair, I'd say your £16,000 back with interest.

MarmaladeLime · 26/05/2022 19:25

Oh and half the divorce application cost

Audioslaw · 26/05/2022 19:25

Half of it? Even though that would have been my whole house deposit? Really? Wow, I had no idea
I'm devastated I moved in with him and didn't get my own place at the time now

OP posts:
Macaroni1924 · 26/05/2022 19:25

Phew all very tricky but I’d think if you shared children then yes but as you don’t I would think no. Due to it being a short marriage I’m sure that would play a large part in what you are entitled too. He paid that mortgage for years I’m assuming before you and is continuing without you. Possibly a small amount equating to how many years you lived together depending if you paid towards the bills/mortgage.
Hopefully someone with a good knowledge will be able to help!

mewkins · 26/05/2022 19:26

I think your proposal is really unfair. You were married a really short time. Really I would be considering that each left with vaguely what they entered the marriage with. It's annoying that you didn't buy a house when you had a chance but that's not really anyone's fault. And it is the reason so much advice on here is about protecting yourself financially rather than throwing it all in with a man.

MarmaladeLime · 26/05/2022 19:27

Audioslaw · 26/05/2022 19:25

Half of it? Even though that would have been my whole house deposit? Really? Wow, I had no idea
I'm devastated I moved in with him and didn't get my own place at the time now

Yes but if it also went on living costs you would have had to pay to live anyway.

WhoopItUp · 26/05/2022 19:27

Your starting assumption seems to be that the settlement needs to allow you to buy a house. It doesn’t. It isn’t your ex’s responsibility to find your deposit when the marriage was short and there are no children are involved. House prices have increased but that clearly doesn’t mean he should lose half the house he paid for. It’s was a very short marriage - I’d be expecting no more than about 20-30k. I’m not a solicitor though…

Audioslaw · 26/05/2022 19:27

He bought the house in 2015 so only paying it for about 13 months before I moved in then we shared household costs but it always was paid from his account

OP posts:
Oldfilmsareshit · 26/05/2022 19:27

Yes, it’s a short marriage so 50/50 doesn’t exist. Who owns the house? Is it in both your names? If not, you probably won’t have any claim to it that would stand

Musmerian · 26/05/2022 19:28

Utterly unreasonable. V short marriage, no children, house was already his.

MarmaladeLime · 26/05/2022 19:29

Audioslaw · 26/05/2022 19:20

These are the sorts of opinions I need as I've never got divorced before so I don't know what's right despite online research that I've done which has suggested it goes on 'need' of the disadvantaged party which is me, financially. I will try and get proper legal advice but I'm skint

Your need is due to your child though so it's not his responsibility to pay for them. And you fortunately have a job. Did you give up work at all or sacrifice your career to support his?

HipsterCoffeeShop · 26/05/2022 19:30

130k 🤣🤣🤣🤣🤣

I'd try for your £16k back and half of the increase in equity in the house since you married.

Audioslaw · 26/05/2022 19:30

House only in his name and mortgage approved on his income only. Paid off quick due to making huge overpayments between 2017 and present day

OP posts:
Sortilege · 26/05/2022 19:32

Honestly, if I was DIYing a divorce in your situation, I’d ask for £30k. Then I’d look at shared ownership.

Audioslaw · 26/05/2022 19:34

I do appreciate the sounding board.

I had read online that even though he is not Ds dad as we lived together for 4 years this would have some influence is this not true? I understand it isn't his responsibility to house my child but I thought in a divorce it was about not leaving one party hugely disadvantaged lifestyle wise in terms of housing. Is that not right?

OP posts: