Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

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:
SlightlyGeordieJohn · 26/05/2022 21:43

Audioslaw · 26/05/2022 21:38

Shuttling between men. Slightly rude. I didn't exactly think it would be temporary. Wow

And yet here you are, hoping to take money that you have no right to from number 2, and moving on again.

You have a child, they really don’t need this to be repeated.

Ohsugarhoneyicetea · 26/05/2022 21:43

Depends on the pension.
Louise not only did she pay half the mortgage for the majority of time the house was owned, she also entirely funded renovations on it.

millymollymoomoo · 26/05/2022 21:44

Well it’s cases like this why I’ll be telling my son never ever get married !
I’m

SlightlyGeordieJohn · 26/05/2022 21:45

Ohsugarhoneyicetea · 26/05/2022 21:38

OP please ignore the nasty misogynistic creatures on this thread, the last one is particularly pathetic. Your ex has been in your child's life for as long as your child can remember, your child's needs and their housing security will be considered in court. You putting that in the forefront of your mind makes you a great mother.

Why are you posting this rubbish? You know that the man she’s leaving has absolutely no legal obligation to support her or her child, so why are you making this up and giving her false hope?

The child’s father has a responsibility to support them, you can’t just accumulate supporters as you move through relationships. What you are saying has no basis in law.

JenniferPlantain · 26/05/2022 21:45

Unbelievably grabby. Extraordinary you’d even suggest it. Sorry.

I’d suggest asking to be made “whole” by getting your £16k back if it went on provable improvements, but even that’s a stretch tbh. By all means speak to a solicitor (first 30 minute consultation with most solicitors is free and you should check what you’re entitled to ofc), but you choosing to live with him (rent free?) doesn’t mean he owes you half of his pre-marital assets.

Good luck.

LunaAndHerMoonDragons · 26/05/2022 21:46

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.

I think this might be reasonable. I'd certainly expect to leave the relationship with what you bought into it, so the 16K.

Louise0701 · 26/05/2022 21:47

@Ohsugarhoneyicetea which was her choice and which cost less than 16k. How does that entitle her to over 100k just because she can’t afford to buy without it.

Audioslaw · 26/05/2022 21:50

Ok so between when I moved in 2017 and moved out in Feb 2021 was paying towards the mortgage each month and 50% of all bills. It was his choice to make huge overpayments on the mortgage.
I also decorated the whole property, paid for a new bathroom, did the garden, paid for all appliances that stayed in situ when I moved out too.
He kept all my furniture and belongings too that I'll never get back. Pretty much all fixtures and fittings there is stuff that I paid for.
I didn't marry him to try and rinse him, I loved him but he turned out to be a fucking bellend

OP posts:
Louise0701 · 26/05/2022 21:53

You paid for all that and a wedding and a honeymoon with 16k?

How long had he owned the property before you moved in?

just like you say “he chose” to make overpayments, you CHOSE to decorate the house and buy furniture.

Sortilege · 26/05/2022 21:55

millymollymoomoo · 26/05/2022 21:44

Well it’s cases like this why I’ll be telling my son never ever get married !
I’m

Why? In case someone asks him for something and he has to say “no”?

There is no legal case and no award here.

Audioslaw · 26/05/2022 21:56

Yes with the 16k along with monthly earnings too. He bought it in 2015. We moved in 2017

OP posts:
Sortilege · 26/05/2022 21:57

Audioslaw · 26/05/2022 21:50

Ok so between when I moved in 2017 and moved out in Feb 2021 was paying towards the mortgage each month and 50% of all bills. It was his choice to make huge overpayments on the mortgage.
I also decorated the whole property, paid for a new bathroom, did the garden, paid for all appliances that stayed in situ when I moved out too.
He kept all my furniture and belongings too that I'll never get back. Pretty much all fixtures and fittings there is stuff that I paid for.
I didn't marry him to try and rinse him, I loved him but he turned out to be a fucking bellend

All of that helps. Gather receipts and bank statements before you see a solicitor.

Ohsugarhoneyicetea · 26/05/2022 21:57

Sorry OP your post has attracted all the delusional bitter jilted men that swarm around mumsnet looking for women to attack. See a good lawyer if you can.

Sortilege · 26/05/2022 21:58

Just be careful that you don’t spend a substantial slice of your likely settlement on legal fees.

Audioslaw · 26/05/2022 21:59

Wouldn't be surprised if he is friends with them ohsugarhoneyicetea , not that he has any friends.

This stuff is really stressful. Wish I'd never got married

OP posts:
Andromachehadabadday · 26/05/2022 22:02

Sortilege · 26/05/2022 21:58

Just be careful that you don’t spend a substantial slice of your likely settlement on legal fees.

This.

Your aren’t going to get 130k. You want both your husband and the child’s father to be financially responsible for the child?

Your soon to be ex husband isn’t responsible for ensuring you and him are in an even footing as it’s an incredibly short marriage and short relationship.

I think you would, likely, spend more on legal fees than you would get.

FuchsAndMöhr · 26/05/2022 22:06

As a 35 year old nurse why will it take you seven years to earn £40k 🤷🏼‍♀️

Bonheurdupasse · 26/05/2022 22:06

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

This.

OP
I have written to women mistreated by their DP / DHs that they are not service humans.

But FFS neither are men!

Hellhaven · 26/05/2022 22:08

Your son is not his kids so putting a roof over your sons head is not down to your husband

Unfortunately I do not foresee you coming away from this marriage with much so unlikely to be able to buy yourself

I'm so sorry it's probably not what you want to hear

GetThatHelmetOn · 26/05/2022 22:10

Get The Which Guide to Divorce from Amazon and read it, then use the time with the solicitor just to ask them very specific questions about your particular case.

Do not forget that solicitors have no crystal balls so they can only tell you what they believe may happen rather than what will happen.

What is fair is enormously subjective so don’t fight for justice, it will cost a fortune that you do not have. You need to have three hearings with a judge before a judge decides for you, that may take not only years but £10,000s in solicitor fees so your best bet is to use the free half an hour first appointment with the solicitor to get an idea of what you can expect in your situation and try to reach that through a family mediation service.

I do not think you can aim for 50% after such a short time and no mutual dependents, but I am not a solicitor. Maybe moving this thread to the legal matters topic may be of help as there are sometimes family solicitors providing some guidance.

PaddingtonBearStareAgain · 26/05/2022 22:14

You won't get anything like £130k. You lived together for roughly 3 years.

The housing of your child is the responsibilty of you and tge childs father, not someone you were living with for such a short amount of time.

SnowWhitesSM · 26/05/2022 22:15

I'm getting divorced after just over a year or marriage. We are both taking what we each put in. No one is taking anything more from the other. No need for solicitors.

I'd ask him for half the 16k back and work out how much you contributed towards the house in that time. I'd ask for that. I wouldn't ask for anything more.

I do think you're being grabby and you've been misinformed about what you'd be likely to get from a short marriage.

SlightlyGeordieJohn · 26/05/2022 22:17

Ohsugarhoneyicetea · 26/05/2022 21:57

Sorry OP your post has attracted all the delusional bitter jilted men that swarm around mumsnet looking for women to attack. See a good lawyer if you can.

You are out of your mind.

Ohsugarhoneyicetea · 26/05/2022 22:25

OP I would look at it like this, there is about £260k equity in the house, it was purchased in 2015 and you contributed to the mortgage from 2017 - so 7 yrs total and 5 yrs where you have an investment. He has sat on the joint equity since you moved out, while you have had to pay rent elsewhere. So I would deduct the original deposit from the £260k, add your £16k investment, and then x by 0.7 (5/7ths) - you should get half of that.

SnottyWitch · 26/05/2022 22:26

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

Agreed 100%.

Get legal advise OP but yes it sounds extremely grabby, quite astounding to see that you believe you might be entitled to so much! Good luck.

Swipe left for the next trending thread