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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.

3 yrs left on mortgage - do I hold on

7 replies

Fragglecock74 · 03/11/2022 20:33

Hi, I have a joint mortgage with husband, we have 3 years left. Does anyone know if I should hold out until it’s paid off then split 50/50 & get our own places?! Will that make the financial side smoother? We have two teenage children one at uni one at college.

OP posts:
waterSpider · 03/11/2022 20:46

doubt it will make much difference, as the value of equity won't be all that much different either now or in 3 years' time.

legalseagull · 03/11/2022 20:47

It'll make no difference. The mortgage will be paid off from the sale and you just split the remainder.

Fragglecock74 · 04/11/2022 06:40

Thank you for your advice

OP posts:
Traisonthewine78 · 04/11/2022 06:45

Have you split up OP or just considering it?

The small mortgage will make little difference.

Are you okay?

DenholmElliot11 · 04/11/2022 11:43

I agree with everyone else, it will make hardly any difference financially. If you waited till the mortgage was paid off maybe there would be a little less admin work for you to do but thats all.

Fragglecock74 · 04/11/2022 17:38

Thank you so much.

Yes I am fine thanks - i checked out emotionally several years ago but of course concerned that my kids will hate me and my lifestyle will change dramatically so been playing the waiting game. We very much have separate lives.

Now you’ve all said it will make little difference I can see it now but it came as a bit of a shock for some reason.

OP posts:
creideamhdóchasgrá · 04/11/2022 18:00

As I understand it there are 2 aspects – Divorce and Financial Settlement.
To know what a fair split of assets is and to reach a financial settlement divorcing parties need to know what the assets of the marriage are, and what each asset is worth.

Before any offers or agreements are made about the former matrimonial home, full and frank disclosure is required from both parties - including pension values which are often very valuable and sometimes overlooked.

Look at a Form E. A long document in which each party sets out their assets, income, and financial needs. You can see in it the assets that are taken into consideration upon divorce and financial settlement, for example property (the former marital home), pensions, stocks and shares etc. It also lists the documents needed that show the value of assets for example CETVs (cash equivalent transfer values of pensions - which can be requested from pension providers).

To find out what some assets are worth an independent expert can be used. Property can be valued by an expert - estate agents, pensions by CETV and / or a pension on divorce expert (PODE) report and so on. I

t is important to decide what needs a valuation by an independent expert and factor in the costs of these. Pensions can be very valuable – equivalent or more than the value of the former martial home in some cases. Divorcing parties might hold different types of pensions (not like-for-like, so difficult to compare without an expert). Circumstances might be complex for example an age difference or pensions in payment. One party may have stayed at home to look after children.

@AnnaMagnani and @silentpool made some useful comment on this in this thread

www.mumsnet.com/talk/divorce_separation/4664756-what-do-i-need-to-do-about-our-pensions?reply=121093079
When splitting the assets of a marriage…
www.legislation.gov.uk/ukpga/1973/18/section/25 applies

The income, earning capacity, property, and other financial resource which each of the parties to the marriage has or is likely to have in the foreseeable future. As I understand it, first consideration is given to the welfare (while a minor) of any child of the family who has not yet attained the age of eighteen. The needs of each divorcing party are taken into account and as I understand it 50 / 50 is the starting point – so unequal shares based on circumstances and needs is possible, for example 60 / 40.

These offer a free advice session about pensions on divorce and separation www.moneyhelper.org.uk/en/family-and-care/divorce-and-separation/divorce-or-dissolution-how-we-can-help-with-your-pension
Free advice line (busy so keep trying) rightsofwomen.org.uk
Guides on divorce and financial settlement
www.advicenow.org.uk/guides/how-apply-financial-order-without-help-lawyer

Pensions on divorce
www.sharingpensions.co.uk/penaudit3.htm
www.mediateuk.co.uk/the-ultimate-guide-to-pensions-on-divorce/
www.nuffieldfoundation.org/news/new-good-practice-guide-addresses-shortfall-in-understanding-of-how-to-treat-pensions-on-divorce
Valuation of pensions – pensions on divorce expert report
www.collinspensionactuaries.co.uk no relation – useful website
www.collinspensionactuaries.co.uk/pension-data-collection/ templates for information required

Hope this is helpful. Caveat – this is not my profession.
Legal advice should be sought.

This link gives you an indication of hourly rate for solicitors
www.gov.uk/guidance/solicitors-guideline-hourly-rates
Some organisations offer free advice from solicitors and barristers rightsofwomen.org.uk/get-advice/ On their FAQs page…”Our Legal Officers and Volunteer legal advisors are all solicitors and barristers”.
Some family solicitors offer an in initial free consultation and some a fixed fee rather than hourly.
Some barristers can be directly instructed e.g., via Clerksroom Direct

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