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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.

Is this a "fair" split?

13 replies

ooerrrr · 22/04/2024 19:43

Divorce application had been made and I am about to book mediation. We have 20 weeks before conditional order is granted.

Would appreciate thoughts on what constitutes a "fair" split for our situation.

No savings, only assets are similar mediocre pensions and our house which will have to be sold. Hope to get a ball park figure of around £600k after mortgage paid off. Last year I out in my full inheritance of £100k to bring the mortgage down.

Both work full time, similar average salaries.

2 DC (19 at uni) and 16.
Realistically they will both live me for the foreseeable (DS home during the hols)

Initially I did envisage a 50/50 split but that leaves minimal scope for me to buy a 3 bed property unless I take out a mortgage, which I'm loathe to do.

Should I be asking for more or given that DD is nearing adulthood would the court not take this into consideration?

OP posts:
ooerrrr · 22/04/2024 19:55

Sorry should say 10 weeks left before conditional order

OP posts:
LemonTT · 22/04/2024 20:03

50:50 is probably a fair split. Your housing needs are both broadly the same. Which would be a 2 bed property. You might be able to argue his is a one bed. But I would say this is a stretch If 300k buys the two bed. Then your needs are met and it would be about equalisation.

The university student isn’t relevant and if you want a bigger house you will need to fund that yourself or get his agreement for a bigger share.

ooerrrr · 22/04/2024 20:06

Thank you.
Can I ask why student DS is irrelevant? Is he not entitled to a bedroom whilst still in full time education?

OP posts:
millymollymoomoo · 22/04/2024 20:14

over 18 are classed as an adult even if a student and not considered in housing needs ( rightly or wrongly )

are yiur earnings similar?

ooerrrr · 22/04/2024 20:17

millymollymoomoo · 22/04/2024 20:14

over 18 are classed as an adult even if a student and not considered in housing needs ( rightly or wrongly )

are yiur earnings similar?

I see, thank you.
DH earns a bit more than me, not a huge amount though

OP posts:
kittybiscuits · 22/04/2024 20:22

Other considerations - are you both of a similar age and so have a similar remaining time to work and earn money? Who was the main carer for the children and did that person's career and earning capacity take a hit? Are the any health/disability considerations? Is your STBX likely to be fair about the extra £100k in the pot very recently due to your inheritance? I would seek 55/45 split. Worth talking to a solicitor to get guidance based on your specific circumstances, especially re the inheritance.

ooerrrr · 22/04/2024 20:30

kittybiscuits · 22/04/2024 20:22

Other considerations - are you both of a similar age and so have a similar remaining time to work and earn money? Who was the main carer for the children and did that person's career and earning capacity take a hit? Are the any health/disability considerations? Is your STBX likely to be fair about the extra £100k in the pot very recently due to your inheritance? I would seek 55/45 split. Worth talking to a solicitor to get guidance based on your specific circumstances, especially re the inheritance.

Similar age, no disabilities.
I was a SAHM for 10 years when he got a very demanding job (he has since left).
He shared everything but I had no pension during that time

OP posts:
momentumneeded · 22/04/2024 20:48

I would be pushing for a clean split more in your favour to reflect the v recent inheritance and enable you to rehouse as you will be primary carer of your youngest, so maybe 60-40. Your starting point has to be your individual mortgage capacity and the cost of rehousing you both. Equally equality of income in retirement is a baseline regardless of time out caring for kids which is why pensions should be kept separate from assets and split 50-50.

millymollymoomoo · 22/04/2024 22:09

yiure looking at 50:50 unless he agrees to ringfence your inheritance op based on what you say here

your needs are the same
your pensions pretty much same
earnings pretty much same
ages sane
I expect doesn’t want a mortgage anymore than you do

burnttoad · 22/04/2024 22:18

Does dh have any inheritance? I'm not sure but is it worth investigating if your recent inheritance is taken into account?

ooerrrr · 23/04/2024 09:10

He will be due an inheritance, probably at least double mine. Elderly parents but still well and in own home.

OP posts:
beachguy · 23/04/2024 17:59

millymollymoomoo · 22/04/2024 22:09

yiure looking at 50:50 unless he agrees to ringfence your inheritance op based on what you say here

your needs are the same
your pensions pretty much same
earnings pretty much same
ages sane
I expect doesn’t want a mortgage anymore than you do

This.

Octavia64 · 23/04/2024 18:10

Second year uni students often get a 52 week contract for shared house/flat or similar.

Post divorce I bought a house with space for both of mine and they don't come back.

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