What is a fair split of assets

[Whatwillbe2025]

Hi All, looking for some guidance. Husband blindsided me and we are now heading for divorce. I am trying to be as prepared as possible for the future and what that looks like.

Background:
Cohabbited since Mid 2013, Married June 2017. We have a son together age 7, and I have a daughter from a previous relationship aged 14. Husband brought her up since aged 2, she calls him dad etc. Biological dad only been in her life last 3/4 years, wast of space really, sees once a month if she can be bothered, does not financially contribute.
We have £52K in savings, £120K in equity of the family home, car worth £6000 paid off, a sports memorabilia collection worth about £30K, a watch maybe worth £3K. Debt wise, just a car thats on a lease, 2 years to go @ £400 pm or £4500 early termination fee. my pension pot is around £26K, his im unsure of, possibly around £40K.
His salary £55K, mine £37.5K, bonuses if paid take to £50Kish but not guaranteed. Have only earnt that in last 3 years, he rest of relationship I was part time for the children as his job means I do everything childcare related.
He will only likely have children 1 -2 nights a week if that and will not do any school pick ups, drop offs, holidays, sickness nothing. his job doesnt allow for it.
What am i looking at here in terms of asset split?
Happy to answer any questions.
Thanks so much

I’m not seeing anything here that dictates a deviation from a 50/50 split. What’s your situation on housing/moving? Would you be able to keep the family home and buy him out? If you have the kids more then that would be an argument to have more of the settlement in order to keep the kids in the home as they’re with you more.

No, i dont have the ability to buy him out. Most likely scenario is the house will be sold as he may want the money out of it to buy for himself.

would you see a 50/50 even though i have the kids 80% of the time? His basic salary larger? I need 3 bed where he only technically needs 2?

Thank You

That’s what I mean in that if you can’t buy him out and you also have the kids the majority of the time then the courts will want to think about the welfare of the kids as a priority and will probably give you a larger share of the assets in order for you to keep the family home. He has a slightly larger salary but not by a huge amount and you say that you get annual bonuses to compensate which will be taken into account during settlement and for any mortgage application.
So would he only have one of the kids overnight as he’s not the other ones dad and that’s why he needs 2 bed? If he’s having both then he could argue he needs a 3 bed?

You’re realistically looking at 50/50, plus he will pay CMS. For court technically you both only need 2 beds, your other child is yours alone so the bedroom needed for them isn’t really a factor as you’d need a room for them even if you’d never met or been in a relationship with him.

I’d have also said a 50/50 split. Both pensions are small, he earns more but not a lot more and isn’t a ‘high earner’. Having your shared child 80% of the time will be addressed by child maintenance.

Why on one hand are you counting your dd in with expecting a larger proportion of assets, but on the other saying he'll need a smaller as he only needs a 2 bed? I'm assuming that's why you say you need 3 he needs 2?

I would expect a 50/50 division based on what you've said. Even if you pushed for more, the values you're talking aren't huge as it would likely be on the equity only. And that could easily be swallowed in solicitors fees.
Him having your DS less means he will pay more on CMS, that's where the difference will be.

Well I'm guessing that it's different for a teenager to have to share with a sibling for two-four nights in 14 than 10-12 nights in 14. I'd be comfortable with the former but not the latter.

I say he only needs 2 beds as daughter is independent in terms of wanting to do her own thing with mates, police cadets, and cant see her wanting to go off to his that often, to warrant an extra bedroom.

But your daughter that isn’t his doesn’t come into it when dividing assets in court, you have 1 shared child, that child needs a bedroom. The additional child you would be paying for regardless so she doesn’t “count” for arguing you need a higher % due to needing a 3 bed.

Agree with @ZeroFucksGivenToday
I can only see it going 50/50
Salaries, Bedrooms needed and where the kids live/ visit isn’t an issue in splitting the assets (from my experience)

Depends on a number of factors. Age, how far off from retirement, ability to pay more into your pensions, whether you could increase your income, health etc...

The most important factor is whether you can rehouse the children. The judge will still want to be sure that your daughter's are met even if she is not his, but that doesn't mean a bigger share of the assets. They will likely expect you to chase her dad for maintenance.

The question is whether you could buy a 3 bedrooms and pay the mortgage with your income, in your current area, or close enough to not have a significant impact on the children.

It's not an exact science, it's a decision based on all those factors combined. You'll both need to share all your income and liabilities before you and the judge can get a clear picture of what's available to share.

Have you considered doing it through mediation?

From what you say it will be near to if not 50:50 plus you’ll get cms which will offset income differential