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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.

How do you cope financially

159 replies

Mr77 · 03/10/2023 17:17

I'm not fully through the divorce process and I'm looking at what is going to be a, very bleak future.

It seems like the ex wife will get the house as she works from home three out of five days a week, and we have two children with special needs.

I'm told I'll still be on the mortgage, yet not living there and still liable for it.

I'll be renting somewhere and no doubt paying more than I was for the mortgage.
Also I'll be paying CM.

The thing I find hard to comprehend is that EW will keep the house, continue to receive DLA and CB (total £950pcm) and a chunk of child maintenance from me.

She does earn more than me, but not by a huge margin, but she does have the ability to earn more in her job.

Will the court take into account my earnings, rent and all other associated bills when going over Form E's and look at what is fair?

Is child maintenance means tested, because the rent around here is huge, and I'd need to be in relative close proximity to my children's schools.
It could be that I'm left with absolutely nothing financially once all payments go out.

OP posts:
DaphneMoo · 03/10/2023 19:38

I would get off the mortgage if possible, my dp stayed on "for the children" 15 years later, ex refusing to sell, legal costs mounting, not been good for relationship with the children ( adults now). Not moving out until a deal done can be very motivating

Mr77 · 03/10/2023 19:39

The mortgage is on a fixed rate until 2027

OP posts:
1month · 03/10/2023 19:39

I don’t know the legal sides but I assume that when a married couple divorced the house gets sold and is split 50/50.

quickqpls · 03/10/2023 19:40

Goodgrief83 · 03/10/2023 17:20

Of course CM is means tested.

You havent don’t much research have you?

He's here for help not judgement 🙄

Mr77 · 03/10/2023 19:50

It's ok... The comment didn't bother me.

Yes I'm new to all this, yes there will be those that might look down on someone with little experience etc etc.

I'm grateful to those that have replied so far, I appreciate it.

OP posts:
AutumnFroglets · 03/10/2023 20:03

I can't afford a solicitor either but I did pay for one hour with a competent divorce solicitor who gave me an approximate idea of my rights. This gives me a baseline of what is reasonable and what isn't, and I think you could benefit massively from this yourself.

Send a few queries to solicitors in your area for a price on a one off consultation. Some are a fixed fee rather than hourly. Take some facts with you ie both salary figures, estimate of equity in the house, savings or investment amounts.

From my consultation I have worked out that I can do the divorce online myself. The custody probably via mediation and only need the solicitor for financials. It's been a huge weight off my mind knowing this, and because I know my rights my stbxh isn't as insistent over certain things, ie leaving the house before it's sold.

LDA123 · 03/10/2023 20:11

Mr77 · 03/10/2023 19:32

The thing I find odd is that due to one argument we had she refused to discuss finances any further and stated that she's leaving it for the courts to decide.
So she's refused to do financial mediation.

We've both had our first initial MIAM, and she and I are willing to do childcare mediation.
Which will be interesting as a letter from her solicitors arrived a while back and I did the calculations on what she was asking.. Turns out that I'd need to take 65days of annnual leave to accommodate her request.
My employer gives me 30 days per year..

There are no mechanisms in place to force a parent to have the children more than they are able to, so that part of mediation will be interesting.

Presumably, she has similar holiday entitlement and has to factor in 13 weeks school holiday a year? Working 40 hours per week and holiday childcare is difficult. Fair to share the load although in fairness, 65 days is very uneven!

Beckafett · 03/10/2023 20:24

Just want to give you a bit of hope OP. My partners divorce proceedings started off a bit like yours and he, and most importantly the kids, are through the other side.
The first thing I would do is to work out how much you need to live and provide a home for you and your kids- a proper budget based on estimates.
Then write down all the questions you have for a solicitor. You will get a lot of conflicting advice online but there are better sources then other.
Have you both been paying the mortgage? That was a big factor for my partner- they had both been paying in.

Goodgrief83 · 03/10/2023 21:19

Mr77 · 03/10/2023 19:32

The thing I find odd is that due to one argument we had she refused to discuss finances any further and stated that she's leaving it for the courts to decide.
So she's refused to do financial mediation.

We've both had our first initial MIAM, and she and I are willing to do childcare mediation.
Which will be interesting as a letter from her solicitors arrived a while back and I did the calculations on what she was asking.. Turns out that I'd need to take 65days of annnual leave to accommodate her request.
My employer gives me 30 days per year..

There are no mechanisms in place to force a parent to have the children more than they are able to, so that part of mediation will be interesting.

Advice usually is not to engage in any form of mediation with an abusive ex

Mummytodo · 03/10/2023 21:32

3 nights a week you said could you not have the kids 3 nights a week one week and 4 nights the other week and alternate it like that then it would be 50/50.

Goodgrief83 · 03/10/2023 21:33

Turns out that I'd need to take 65days of annnual leave to accommodate her request.

and she wouldn’t? Or do you have every week of every holiday throughout the entire year?

Russooooo · 03/10/2023 21:43

It might sound daft, but I’d consider getting yourself a book about divorce. I got one from Amazon that I found really useful just for understanding the process. I can’t recommend it unfortunately, as it was for the old divorce system, but there must be an up to date one.

good luck

androidnotapple · 03/10/2023 21:43

Mr77 · 03/10/2023 18:42

My EW has been given advice from her solicitors, and then made statements to meet that it's 99.9% a done deal that she will keep the house, and that on the day of the divorce being finalised I need to get out.
I get that her solicitors will tell her more or less what she wants to hear.
It's mixed advice tbh.
I've got a couple of friends who have been or are going through a similar scenario.
The main advice I'm getting is through a colleagues mother who is a family law solicitor.
So I know the majority of what I get back from them is going to be correct.

In regards to EW, she has two jobs, one working from home and another at an office. Both add up to 40hrs.

With my work pattern I would not be able to have the children 50% of the time, and depending on my future living situation (budget allowing) I want to have them three nights a week.

Women usually adapt their work pattern to fit round kids. Are you too important to do that?

Mr77 · 03/10/2023 23:06

If the insinuation is that I've been abusive.. Then that could not be further from the truth.

I've been subject to emotional manipulation and gaslighting.
Just so happens to be some of the reasons for the divorce itself.

OP posts:
FSTraining · 03/10/2023 23:15

Mr77 · 03/10/2023 23:06

If the insinuation is that I've been abusive.. Then that could not be further from the truth.

I've been subject to emotional manipulation and gaslighting.
Just so happens to be some of the reasons for the divorce itself.

Just ignore comments like this. I've noticed there are a few female equivalents of Andrew Tate on here that - like him - base all their views on idiotic gender biases and should be ignored.

On the subject of the mortgage, if the fix is up in 2027 that would- worst case - keep you on it for 4 years. After that your ex would have the choice of releasing you or paying around 2-3% more interest than they otherwise would because they cannot fix. More often than not, it suddenly becomes a lot easier for the other partner to be released or they decide they can sell after all.

Mr77 · 03/10/2023 23:17

androidnotapple · 03/10/2023 21:43

Women usually adapt their work pattern to fit round kids. Are you too important to do that?

What I have done on several occasions is alter (through negotiations with management) my working schedule to accommodate her needs and those of our children.
I work with a small team and any changes they make, or I make have knock on effects to their working schedules also.
I've done the very best I can within the remit of our business to be as minimally disruptive to their lives and mine.

I am currently looking at alternative employment that might allow a greater degree of flexibility, but without sacrifice to current earnings.

Thanks for your input though.

OP posts:
ChristmasCrumpet · 03/10/2023 23:25

There are no mechanisms in place to force a parent to have the children more than they are able to, so that part of mediation will be interesting.

Look at you, ensuring you aren't forced to parent your own children by that pesky other parent. You know, the one actually raising them, who is forced to do all the parenting you seem to think is optional around your big important (lower paying) man job.

fairymary87 · 03/10/2023 23:28

Op you sound like you're really trying and wanting to be there for your kids! I hope you find your way

Mr77 · 03/10/2023 23:37

This is definitely a great idea.
With everything churning around in my head sometimes it's hard to see the wood for the trees.
I'll definitely consider this, because to be honest I'd like them to have an established routine outside of this divorce that gives them certainty and security.

OP posts:
androidnotapple · 04/10/2023 06:26

Mr77 · 03/10/2023 23:17

What I have done on several occasions is alter (through negotiations with management) my working schedule to accommodate her needs and those of our children.
I work with a small team and any changes they make, or I make have knock on effects to their working schedules also.
I've done the very best I can within the remit of our business to be as minimally disruptive to their lives and mine.

I am currently looking at alternative employment that might allow a greater degree of flexibility, but without sacrifice to current earnings.

Thanks for your input though.

So you need to borrow some money, get a solicitor and go for 50:50 custody of the kids, showing serious preparation as to how you'll manage this

Isthisexpected · 04/10/2023 06:44

and go for 50:50 custody of the kids

^ what about the posts here suggest this is what's best for the children?

Wheresmypal · 04/10/2023 07:09

From what you say your wife will be looking children with additional needs, quite severe based on the DLA amounts, and works. and you are begrudging her the DLA money? You do realise that money is to cover extra costs associated with the disability.

Fear not! CM is a pittance of the portion of your income.

It’s not hard to see why your marriage broke up given your attitude. You are assuming your wife will still take on the burden of work for your family and you begrudge her the money and security to do this.

Goodgrief83 · 04/10/2023 07:11

It’s a clever man that asks a group of women for advice about best plan of attack re divorce financial settlement

millymollymoomoo · 04/10/2023 07:51

cms is not a pittance to a low earner who also has to pay a mortgage on a house he’s not living in ( if it was awarded as such and based in info here that should not be the outcome !) and rent for themselves!

op the crux is you need a solicitor

if she can’t afford to take you off the mortgage and pay the mortgage and bills herself it’s highly likely ( although not impossible)) that the house would have to be sold . a mesher is unlikely if the nrp is low earner as it materially impacts their own housing ability.

when considering settlement all assets need to be be assessed which includes her nhs pension, equity and anything else, incomes and income potential will also be considered as Will adequate housing needs for both parties and children. A court won’t award most to one party leaving the other with little except for v extreme cases usually with mitigating circumstances

you have to have your own kegsl
advice do borrow money if you need to to at least get some advice and guidance even if you then do a lot of the paperwork yourself

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