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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.

What is fair???

4 replies

JKM66 · 05/07/2024 17:35

Married 35 yrs. Living separately for 6 yrs in the same house. I know, don't ask. Current house is Housing association, secured tenancy in both names and our 23 yrs old daughter lives with us. We have a 11yrs old dog. They both are coming with me if they decide I have to leave.
The only other asset is a 2 bed flat in both names overseas worth approx £80,000. He is retiring next month I have 9 more yrs of work. I have said to him from the beginning that he transferees the tenancy on my name and i transfer the overseas flat on his name or via versa. Refused, as wanted to leave things as they were (mad) and that is why i had to go to court. Pensions are similar - his being a bit more but he doesn't get full state pension as he doesn't have 35 yrs. Divorce will be finalised when the finances are done.
My question is: will the judge see that i have offered a favourable deal for him as i will be staying in a rented house but he has the other free house. Will he be looked at as he has more needs than me as he is retiring?
The truth is he will be going to live overseas in the free house and 2 pension which are worth a lot there. He will live like a king as is due a min £50,000 pension lump sum as well. He has no one here. Even if he wants to stay here he will have a min £130,000 so he will be able to buy something small. On the other hand i have £10,000 debt on legal fees that would had been avoided if he agreed last July.
FDR hearing in 2 weeks. Please let me know what you think?
hank you in advance.

OP posts:
ComtesseDeSpair · 05/07/2024 19:26

I’d suspect your needs will likely be considered to be roughly equal, unless you have a career where the next few years are going to significantly increase your pension. Whether his retirement income might theoretically buy him more if he decided to live abroad is largely irrelevant: he currently lives in the U.K. and so the settlement will be based on that.

If he suggested that he kept the UK social tenancy and you kept the flat abroad, would you think that was fair? If not, then what makes you think it’s fair the other way around?

Your daughter is an adult so isn’t going to feature in any financial settlement, and neither will your dog.

JKM66 · 05/07/2024 22:40

ComtesseDeSpair Thank you so much for your response and time. I really appreciate it. My income will not be increased much in the future. I have said that i can move out and he can sign over the oversea's flat tome so i can sell it and rent somewhere. I have no problem with it. I know my daughter is not part of the financial settlement but she is a tenant and with this he will be made homeless. As we have a secured tenancy we were hoping that she will inherit the house. The dog also has to be accounted for as if they have to rehouse all three of us and leave him in the house it puts me at the disadvantage.

OP posts:
Thefutureismyaim · 06/07/2024 07:06

I think you have offered him an excellent deal. He gets an £80k asset and you get nothing? A secured tenancy is all well and good but you don’t own the property and have to pay rent for the rest of your life.

JKM66 · 06/07/2024 10:20

Exactly my point Thefutureismyaim . Thank you so much for your reply.

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