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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:
Audioslaw · 10/10/2022 22:15

By pot I was meaning our financial situations as a whole. My CETV is 9k. His is £300k. I am not applying for a pension sharing order. However have been advised to ask for a small lump sum to offset as a negotiation to not ask for it to be touched. He also has some other investments in the region of 12k that were acquired during the marriage.

OP posts:
qpmz · 10/10/2022 22:27

Does your son live with you full time? His father should be paying a lot more than £82 a month if so!

Audioslaw · 10/10/2022 22:33

He does see his Dad and stay over. He pays the CMS very minimum he can so it isn't high. I think you misread though the £82 is child benefit. It's actually £87 though now

OP posts:
Randomperson99 · 10/10/2022 23:27

This thread sums up why I would never ever in a million years get married in England. OP is a Pathetic grabber

OhIdoLike2bBesideTheSeaside · 10/10/2022 23:49

@Audioslaw

You Weren't married very long
No children together
You moved into HIS house

Wtf would you think you'd get tonnes of money out??

You had a £16k pot? Agreements in principal etc
You could still have bought it and rented it out

You say it was spent on joint expenses

If I was him I'd be offering you £8k his half of your money you've lost not a penny more

Some people are just so grabby!!!

MintChocCornetto · 11/10/2022 07:11

I think some people are going a little far.

It is NOT grabby to seek to divide assets gained during the marriage.

elephantseal · 11/10/2022 07:37

You need proper legal advice. It was only a two-year marriage!! I don't think you deserve £130k for that... but we can't tell you. Find a solicitor.

elephantseal · 11/10/2022 07:42

Oops, didn't read the update.

Just goes to show that you did need a solicitor!

I'm sorry your ex has been such a dick about this. Hopefully it will all be sorted soon and you can move on.

anotherdayanotherpathlesstravelled · 11/10/2022 10:40

MintChocCornetto · 11/10/2022 07:11

I think some people are going a little far.

It is NOT grabby to seek to divide assets gained during the marriage.

It is grabby though to expect half his assets when you've been married all of 5 minutes like the OP was and then majority of the assets were earned before he even met her

Andypandy799 · 11/10/2022 10:45

@Audioslaw fellas opinion here just in case my name doesn’t give it away.

I hope you get what you deserve from what turned to be a sour marriage, full of false hope and promises.

The law is the law wether any of us like it or not, and we have laws for a reason.

Whatever happens I hope you can move on and get a quick settlement please keep us updated.

when I first worked out how young you were when you met to his age I thought you looked like you were after a sugar daddy 😂

Ianal and Before your update I was thinking £60k so anything above I would see as a bonus for putting up with him.

Oh and ignore the nasty comments I see this all the time on here and it’s so annoying, what happened to the old saying “if you haven’t got anything nice to say…”

Have a good day OP

Andypandy799 · 11/10/2022 10:45

@Audioslaw And just to add flame to the fire nobody is forced to get married and he chose to commit so must pay the price

Andypandy799 · 11/10/2022 10:47

Also to add the reason for the divorce must surely be taken in to account when calculating a divorce settlement but no expert on it

imagiantwitch · 11/10/2022 10:57

Shocked at the legal advice you've been given. I wouldn't count my chickens if I were you op.

Audioslaw · 11/10/2022 11:06

The reason for divorce is irrelevant in the settlement it is all no fault now.

OP posts:
Andypandy799 · 11/10/2022 11:22

Well it may be legally but not morally based on some of the attacks you have had on here @Audioslaw

Audioslaw · 11/10/2022 12:11

It is an emotional process isn't it and many have direct experience. I updated to share my legal process incase it gives insight to anyone in the future.
I just want to move on with my life and get a clean break, that is legally impossible to do without a court order so can't do it other than this way, it's very frustrating as I'd much rather not be doing it!

OP posts:
MichelleScarn · 11/10/2022 12:38

OhIdoLike2bBesideTheSeaside · 10/10/2022 23:49

@Audioslaw

You Weren't married very long
No children together
You moved into HIS house

Wtf would you think you'd get tonnes of money out??

You had a £16k pot? Agreements in principal etc
You could still have bought it and rented it out

You say it was spent on joint expenses

If I was him I'd be offering you £8k his half of your money you've lost not a penny more

Some people are just so grabby!!!

Re the 16k 'pot'..
This 16k got spent on joint expenses, our wedding, honeymoon and house improvements during the time we lived together.
How much did the wedding and honeymoon cost? Cannot believe you expect the money for this back and absolutely cannot believe you think you should be housed by this man being forced to sell his home.
Epitome of grab tastic!

BeserkGiraffe · 11/10/2022 14:28

Wow. I would never get married again for this reason, and will advise my children to think very carefully before they do as well. What an awful thread.

Fuuuuuckit · 11/10/2022 14:42

Audioslaw · 10/10/2022 21:30

Still living in rented the same as when I first posted. He's still in the matrimonial home

So, you are adequately housed. Without any recourse to your ex's funds.

I'm incredulous that you have been given the nod that you can attempt to go for so much of his money/pension despite (what remains) alsuch a short marriage.

Please do update us with the final outcome op. I suspect once he gets his head out of his arse he will find a SHL who will try to protect every penny.

I think you are a very greedy, entitled woman.

Fuuuuuckit · 11/10/2022 14:44

Andypandy799 · 11/10/2022 10:47

Also to add the reason for the divorce must surely be taken in to account when calculating a divorce settlement but no expert on it

Nope. Not in England and Wales.

Andypandy799 · 11/10/2022 14:53

@Fuuuuuckit yeah that’s what the op told me thanks

Randomperson99 · 11/10/2022 15:44

Any man with assets that gets married in England is insane. This threat is proof.

SMabbutt · 11/10/2022 16:22

As far as I can see you weren't being grabby just trying to ensure you weren't left in a worse position than before you moved in with him and got married.

You said you were almost at the point if being able to buy a 2 bed house, had £16k in savings. These savings and a significant chunk of your income went to help overpay his mortgage and add value to the property through updating and renovation etc. So he has benefitted financially and people expect you to let him keep that benefit while you walk away with nothing. Not even furniture you paid for.

If you could get enough to be back where you were, with enough for a deposit on a house like you originally had then I don't see that as being unreasonable at all. Good luck.

CakeIsNotAvailable · 16/10/2022 14:14

Surprised by the comments criticising OP for going to court. Her ex has ignored attempts at direct negotiation and has refused to attend mediation. She has literally no option except going to court!

StarfishBrain · 16/10/2022 15:34

Randomperson99 · 11/10/2022 15:44

Any man with assets that gets married in England is insane. This threat is proof.

Any person. Women have assets to you know, and plenty of men would happily take them. My marriage was the worst financial decision I ever made. Never again.

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