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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.

Lower child maintainer for higher stake in house

3 replies

Gonnagetacatwhenimovein · 28/07/2022 21:58

Glad of your advice. Soon to be ExH should pay £500 per month child maintenance. We have discussed he pays me £300 and I’ll get a larger portion (55%) of the house sale. He is happy with that. We earn similar money and I have the kids 100% of the time.

When we do the financial order will that stand me in good stead? As technically it could be 50/50 on the house. But then I do have the kids 100%. So I’m not sure if I should expect 55% and full maintenance? Or 55% and reduced maintenance. Kids are 4 and 5.
thanks for your advice.

OP posts:
RandomMess · 28/07/2022 23:13

You are likely to get more than 50% of all assets if you have to house the DC and he doesn't.

Also CMS is not influenced by divorce financial agreement.

You need a good experienced solicitor to tell you what they think a poor & good financial outcome would be in your circumstances. Don't settle for less to "be kind" housing and raising DC is very expensive.

LemonTT · 28/07/2022 23:15

It’s a good deal for you but he will be advised against it. The court order for child maintenance can be overturned after 12 months. Effectively you could claim the £500 via CMS. He would have to pay it.

millymollymoomoo · 28/07/2022 23:47

As lemon
no solicitor would agree to this on his behalf for reasons stated. You can always go back after 12 months and cms would be based purely on earnings and nights even if you took 100% of assets in agreement for never claiming cms

yiu should look at asset split based on those available, earnings, housing needs, etc

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