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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.

Husband travels a lot for work, would I get to stay in the family home?

40 replies

isitsmallorfaraway · 29/12/2023 22:18

I'm in the early stages of planning for divorce. We own our house jointly and I work from home full time. We have 2 DCs age 15 and 11. I don't travel for work so am always around to look after the kids, take them to clubs, cook dinner, do bedtime etc. Husband has a new job that will involve travelling at least once a month for at least a few days / up to a week each trip). I don't see how we could split kids 50:50 as he often will be away. On that basis would I have a greater claim to be allowed to stay in the family home? If anyone has any advice or experience of this situation I'd be very grateful

OP posts:
isitsmallorfaraway · 31/12/2023 19:17

Thanks everyone. As you can tell I'm very much at the beginning of the process and not well-acquainted with it all.

I guess where I'm coming from is ; I will always be here and around to look after the kids. My (stb ex) h won't. When we split, why should I arrange my life around his work trips - which will be unpredictable and non-negotiable ? Isn't part of the point of splitting up to make life fairer for me? For the last 16 years I've done the VAST majority of family:house/kids/mental load - despite being the far higher earner the entire time (until now with his new job). Seems like a punch in the teeth to still be doing so much more, even after splitting up.

So essentially we will have to have a flexible childcare arrangement that is based around his availability. How is that okay?

OP posts:
millymollymoomoo · 31/12/2023 19:59

If you’ve always earned more what are your pensions like? Is yours greater? If so he’s likely to also get share of it

when parents divorce, those who can co parent and be flexible end up doing their children a much better service than those who refuse to, and insist to stick to rigid schedules. Your 15 yo is very much likely to want to just come and go and not have any specific arrangements. It’s about putting them first not trying to win against your ex.

its really not that hard to manage around a couple of trips especially as you say, you’re always around. Sure not easy or right if it’s the next day and short notice but if he’s able to say I need to travel / days in a fortnight etc, what’s the issue?

if you’ve been higher earner throughout, he may have more of a claim to equalise pensions etc.

if you’ve been higher earner throughout that can actually weaken any case for you to get more of the assets.

AnotherEmma · 31/12/2023 20:10

I understand how you feel but unfortunately you are going to have to somehow let go of the idea that you can redress the balance through separation and divorce. Just because you've always done more doesn't mean he's going to step up now, sadly. The difference is that at least you will only be doing it all for yourself and your children, and not for him as well.

If it got to the point of going to court for a child arrangements order, they would focus on what's in the best interests of the children, so that's what you need to focus on, too. Obviously it's in their interests to live mainly with you, since you've been the primary carer. However, it is also in their interests to have contact with their father, and the details of that have to be worked out, such as enabling them to have a routine if possible (ie if he can fit work trips around fixed contact times), allowing them to continue any extra curricular activities they do, etc etc.

The finances are separate. If you haven't yet done so you should get the house valued, and review all the accounts ie how much mortgage is outstanding, any other debts, any savings in individual/joint names, value of pension pots, etc. Gather as much info as you can before consulting a solicitor. If there's enough overall for you to stay in the family home and his share to be signed over to you (in exchange for a greater share of pensions, maybe) that might happen, but he'll need to house himself and will want somewhere the children can stay overnight too. So you will have to consider his housing needs too.

How reasonable do you think he is likely to be about reaching an agreement about the children and finances? Family mediation is almost always a good idea. You have to try it before you can go to court.

Soontobe60 · 31/12/2023 20:19

isitsmallorfaraway · 29/12/2023 22:48

Thanks for the replies.

We earn about the same and don't think either could buy the other out.

In practical terms who would look after the kids when he's away with work? He doesn't have any friends or family who could help.

And while obviously I'd love to have them more than 50%, it doesn't seem fair that it would all be dictated by his work schedule...

If you had the kids 50/50 he could arrange his work away for when they are with you.

isitsmallorfaraway · 31/12/2023 20:20

Re this reply:

If you had the kids 50/50 he could arrange his work away for when they are with you.

No he couldn't - his work trips will be entirely dictated by his work and when various events are. He won't get any choice over dates

OP posts:
Soontobe60 · 31/12/2023 20:21

isitsmallorfaraway · 31/12/2023 14:29

Genuinely not understanding .... if we divorce my husband won't be able to do 50:50. His availability will be unpredictable and less than 50%. How l that be dealt with so it's fair to me? Sorry if I don't get the basics of divorce

Why do you think he wont be able to do 50/50?

Soontobe60 · 31/12/2023 20:25

isitsmallorfaraway · 31/12/2023 20:20

Re this reply:

If you had the kids 50/50 he could arrange his work away for when they are with you.

No he couldn't - his work trips will be entirely dictated by his work and when various events are. He won't get any choice over dates

In that case, some flexibility is needed. Or maybe he will pack his job in so that he can look after them more?

titchy · 31/12/2023 20:25

Does he WANT 50/50? If he does then it's up to him how he facilitates that - parents staying, temporary nanny, new job, wherever.

The financial split will follow the kids - if he doesn't want them at all or very often you'd have a good argument for a greater share of assets as your housing needs would be higher.

Mediation should help both of you. But be prepared for the house to be sold and pensions up for grabs.

MrsTerryPratchett · 31/12/2023 20:28

isitsmallorfaraway · 31/12/2023 20:20

Re this reply:

If you had the kids 50/50 he could arrange his work away for when they are with you.

No he couldn't - his work trips will be entirely dictated by his work and when various events are. He won't get any choice over dates

Does he get notice?

LemonTT · 31/12/2023 21:10

isitsmallorfaraway · 31/12/2023 19:17

Thanks everyone. As you can tell I'm very much at the beginning of the process and not well-acquainted with it all.

I guess where I'm coming from is ; I will always be here and around to look after the kids. My (stb ex) h won't. When we split, why should I arrange my life around his work trips - which will be unpredictable and non-negotiable ? Isn't part of the point of splitting up to make life fairer for me? For the last 16 years I've done the VAST majority of family:house/kids/mental load - despite being the far higher earner the entire time (until now with his new job). Seems like a punch in the teeth to still be doing so much more, even after splitting up.

So essentially we will have to have a flexible childcare arrangement that is based around his availability. How is that okay?

It is about the needs of the children. You will be facilitating them not your ex. They will want to spend time with their other parent. They will want to spend time with you. They will want to be with their friends. They will want to be places you don’t want them to be.

TBH they are the ones you will be working around and they will drive you nuts. Fostering a good Co parenting arrangement will ensure you know where they are and they can’t play you off.

DappledOliveGroves · 31/12/2023 21:18

You need to move away from the idea that a divorce is somehow going to redress any wrongs or unfairness during the marriage. You won’t be married but you’ll need to adjust to a new normal.

Residency arrangements for the children and division of assets aren’t really linked, particularly as you earn similar sums. You’ll both need appropriate housing arrangements - this may be smaller, in a not so nice area etc, unless you can buy him out. The starting point for division of assets is 50:50.

In terms of childcare, presumably your husband could get a nanny or au pair to look after the children if they were with him when he had to go on a work trip?

OhamIreally · 31/12/2023 22:51

I think you're in for a rude awakening OP. The way it works is this: your ex will be able to see your children as little as he wishes and the courts will facilitate this. You will have to make them available for contact and pick up ALL the slack. If he cancels at short notice there will be no repercussions for him and you will again have to pick up the slack.

If he has less than 50/50 he will have to pay child maintenance according to the CMS calculator. All other expenses will be on you and you will not be able to force him to step up. Furthermore society will consider him "a good dad".

Reugny · 31/12/2023 23:06

No he couldn't - his work trips will be entirely dictated by his work and when various events are. He won't get any choice over dates

This is irrelevant.

If you drag it or he does - and I know some couples who did under the old divorce laws - you could find your 15 year old is 18 or older. (Your 11 year old will then be 14 or older. This is important as Child Arrangements isn't generally done for a child that age )

While not explicitly allowed if they are over 16 they can look after themselves.

If they are an adult, so over 18, and there is a teenage younger sibling they can look after them.

So aim to get your divorce through as quickly as possible and do everything with a clean break in mind.

isitsmallorfaraway · 31/12/2023 23:07

Thank you all. Really really appreciate your responses. Will read over and mull. Thanks again x

OP posts:
isitsmallorfaraway · 31/12/2023 23:09

Ps 15 year old is 16 in 5 weeks time. Yet no way would we expect her to stay overnight on her own or be in charge of her little sister overnight. Anyway. I need to think, and get more advice. Thank you all and happy new year xx

OP posts:
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