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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.

Mediation - trying to work out what I should ask for

7 replies

LibertyBlues · 25/06/2022 09:06

Hi,

I filed for divorce almost two years ago as I'd been unhappy in the marriage for quite some time. I had hoped it would be a quick divorce but things became more complex when stbxh wasn't (and still isn't) contributing to the cost of the children (living with me although one is over 18 now). Also, he inherited money and property after the date I'd put down as the separation date. I have posted before, under a different name, so some will probably recognise my story.
His solicitor has ringfenced the inheritance, including the property (that he now resides in). He also paid AVC's into his pension throughout our marriage. I was part time for 12 years raising the kids so my pension and salary took a hit. I have been full time since 2016 and took a higher paid role a couple of years back (knowing that I needed more money if I was going it alone). I have always l been the bigger earner apart from when I was part time when we earned roughly similar amounts. I have both kids although the eldest stays with him part of the week. I pay all school costs and phones. Other stuff too.
There is a ten year age gap so, as he is ten years closer to retirement than me, that has to be taken into consideration.
I have been offered £125k as a settlement figure (not touching pensions or his inheritance). Obviously, this isn't a lot and the houses that are ok in my town are £280k upwards for a 3 bedroomed house.
His solicitor has arranged for mediation. I'm not sure what will come out of this but, as it stands, they want me to accept £125k settlement leaving me with my reduced pension untouched. I'd also still have the younger child 100% of the time. No child maintenance has been paid at all. He, on the other hand, would have £125k from the family home, a big pension (>£350k), an inherited property (£180k) and inherited money (don't know the amount).

I'm worried about taking on another mortgage at my age (50) and reducing my disposable income to such a low amount that I'd be making myself very vulnerable to debt if a repair or something needed doing. My take home pay - at the moment - is about £2500 a month. Bills out of that are approx £900 a month (this includes a £242 monthly car payment for another 3.5 years and £148 loan payment for 3.5 years). Costs for food, petrol, kids, school, pocket money probably in the region of £700 a month. So, £900 + £700 = £1600 leaving me with roughly £900 a month spare. I usually save this but often spend a bit on days out etc.
I'm worried that a mortgage will reduce this £900 to around £200 a month left. This doesn't feel 'safe' to me at all.

As I've mentioned, my stbxh has somewhere to live - I don't. I'm feeling very vulnerable and my solicitor is trying to avoid court and sent me a list of fees that would entail. I'd like to avoid court myself.

I do feel guilty at ending the marriage but it was dead. Sexless, no affection or connection.

What do you think I should ask for at mediation? A reasonable figure that will allow me to get a house £280k (and this really is the minimum price for a decent area and not in a rough area) without crippling me financially? I was thinking £175k if not £200k. Bear in mind my pension has been hit and I have a child residing with me.

I feel like I am living in limbo at the moment with nowhere to live. I don't want to keep the family home as it's too big and I need to live nearer my daughter's school. I don't want to stay here anyway due to memories and it's a high maintenance house. I'm paying a gardener to look after the garden and bushes outside atm. I've been getting very dizzy lately and have been struggling with bending down.

Anyone - pleas suggest a reasonable figure.

OP posts:
clpsmum · 26/06/2022 12:55

I don't think you would be entitled to anything with regard to the property he inherited after you split. I'm not an expert at all but my understanding is that if you are ten years younger than him you have an extra ten years to build your pension pot. Maintenance is done through the child maintenance service so you should get on to them right away. Good luck and sorry I couldn't be more help

Yorkshireteabags · 26/06/2022 13:10

He wont be considered entitled to 50/50 of the family home as his housing needs are now met. Yours and your kids arent and are unlikely to be with that settlement. His solicitor is telling you 'ball park' best interests for his client. There is no way I'd agree. Your solictor should be telling you this too. I think its time for mediation to be over and get a form 1e to the court. This is dragging on. Let the court decide but what you are being offered is unfair. It might not be relevant, but certainly something your solicitor should have discussed with you but you can request a 'child maintenance' settlement (separate to cms which btw you 100 should apply for) in leiu of payments not made to date or in the future for the kids. How he raises this is his choice... either by taking less off the equity in the house, cashing in his larger pension or part or selling/mortgaging his current property
Good luck lovely x

Yorkshireteabags · 26/06/2022 13:12

Go online now and put in apllication for child maintenance service payments. It takes minutes

AnnaMagnani · 26/06/2022 13:17

His offer is a joke isn't it really.

He is housed, not paying any child maintenance and has a large pension.
You aren't housed, are paying all child costs and have a small pension.

You can go through the motions of mediation to show you have done it, but you need housing, his pension and a child settlement.

Mumof3confused · 26/06/2022 22:35

Don’t you have a solicitor acting for you? You should get more based on your needs vs his. He has somewhere to live, you don’t.

KangarooKenny · 27/06/2022 07:09

He might well have ring fenced the inheritance, but you should both be housed similarly, so if he has the inheritance to go towards his house you should get more from the pot for your home. I think you should go to court.

LemonTT · 27/06/2022 12:47

In mediation you can ask for whatever you want. The question is whether this is making good use of the time. Because if your positions are so far apart and unreasonable you will end up in court paying far more to be told what lawyers will have told you anyway.

Forget about what MN says. What does your lawyer say

I think your youngest is close to 18. If that clocks ticks down then your needs reduce. Whatever you do, I’d say crack on with it.

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