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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.

50 percent of assets

10 replies

Lostmum2407 · 11/04/2023 10:45

I’m so worried as my soon to be ex husband had refused my 50/50 offer of out assets and is going for 60%. How likely is it that he will win? I am terrified to go to court. We earned ten same amount of money full time but he’s gone down to three days a week saying he earns less so should get 60% and he’s 5 years older than me and I will earn more money for this reason before I retire. I’m unsure if I should just accept the 40% but feel it is massively unfair. I’m a very emotional person and if I go to court I’ll just cry all the way through it. Opinions please.

OP posts:
Lostmum2407 · 11/04/2023 10:48

I’m so worried as my soon to be ex husband had refused my 50/50 offer of out assets and is going for 60%. How likely is it that he will win? I am terrified to go to court. We earned ten same amount of money full time but he’s gone down to three days a week saying he earns less so should get 60% and he’s 5 years older than me and I will earn more money for this reason before I retire. I’m unsure if I should just accept the 40% but feel it is massively unfair. I’m a very emotional person and if I go to court I’ll just cry all the way through it. Opinions please.

OP posts:
Lostmum2407 · 11/04/2023 10:49

I’m so worried as my soon to be ex husband has refused my 50/50 offer of our assets and is going for 60%. How likely is it that he will win? I am terrified to go to court. We earned the same amount of money full time but he’s gone down to three days a week saying he earns less so should get 60% and he’s 5 years older than me and I will earn more money for this reason before I retire. I’m unsure if I should just accept the 40% but feel it is massively unfair. I’m a very emotional person and if I go to court I’ll just cry all the way through it. Opinions please.

OP posts:
waterSpider · 11/04/2023 10:53

There would have to be a good reason to depart from 50/50, and choosing (if it is a choice) to go part-time isn't one of those.
Past career sacrifices, differences in other needs, caring for children, could all make a difference but on the v v limited information you've provided, sounds like you stick to your 50/50 plans.

midgemadgemodge · 11/04/2023 10:53

How does your pension look? Did you take time out for childcare ?

midgemadgemodge · 11/04/2023 10:54

It's warming potential that matters / he chose part time

Lostmum2407 · 11/04/2023 11:28

I’m so worried as my soon to be ex husband has refused my 50/50 offer of our assets and is going for 60%. How likely is it that he will win? I am terrified to go to court. We earned the same amount of money full time but he’s gone down to three days a week saying he earns less so should get 60% and he’s 5 years older than me and I will earn more money for this reason before I retire. I’m unsure if I should just accept the 40% but feel it is massively unfair. I’m a very emotional person and if I go to court I’ll just cry all the way through it. Opinions please.

OP posts:
ArcticSkewer · 11/04/2023 11:33

Have you been to mediation yet?
Are there kids to consider and how long were you married?

He's not going to get 60% because he chose to go part time and is only 5 years older than you, and you can self represent in court so it won't be expensive. I wouldn't worry about any of this, just keep going through the steps you need to and you'll get there in the end and be free

OrderOfTheKookaburra · 11/04/2023 11:39

1 - do you still have DC living at home?
2 - are your pensions roughly equivalent given your age difference?
3 - any chance of playing him at his game and going down to part time temporarily?

TheMatriarchy · 11/04/2023 11:46

Unless you are very wealthy, going to court over 10% of assets could cost more than its worth. That doesn't mean agree to it, but he might back off once he realises he will end up with less. Id go to the doctor about a medical issue or mental health/anxiety and get evidence that my health issues mean my future earning capacity is limited - two can play that game. Do as much of the paperwork/solicitor work yourself, but if you do go to court get a barrister.

Isheabastard · 11/04/2023 11:59

My husband started off trying to argue he needed/deserved more than me. Once he got his own solicitor he has backed off and said it’s 50/50.

I now believe he’s trying to work out how to undervalue some of his assets, so that when we split them 50/50, he does still infact havethe bigger share.

When the divorce calls for a 50/50 split, my solicitor says the judge will query and want a very good reason if this isn’t done.

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