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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.

need some advice - total beginner!

3 replies

ipredictariot5 · 19/08/2024 23:13

supporting a friend. three children under 10. plan is 50 % with father. mother (my friend) will likely have them more in holidays as term time contract. earns 30k to 65k of father. father is buying her out of house and she can afford to buy with small mortgage.
friend works part time but has good job which could increase hours but always been reluctant to use childcare.
is this a situation suitable for a clean break? I assume no spousal maintenance but is child maintenance payable at all with it being a 50/50 split?

OP posts:
millymollymoomoo · 20/08/2024 07:43

She won’t get spousal on his salary and to be frank if she wants more income she needs to work full time.

she is unlikely to get cms if genuine 50:50 shared care over the course of a year, if it’s slightly towards her in terms of nights he’d be due to pay based on that % . Cms calculator will give a guide

the only real thing is to consider what share if equity and pension ( if there is one ). Might not be 50% of both but will depend on ability to house herself and children ( which you indicate is possible based on husband buying her out and a mortgage). In which case clean break is absolute going to be the outcome here

millymollymoomoo · 20/08/2024 09:16

Also their needs are identical in terms of housing and she would be assessed in terms if share of assets based on income potential ( eg full time). Based on that there’s not overly a material differential specious she claims child benefit

LemonTT · 20/08/2024 11:12

A 50:50 child is not just about time but also about costs. They should be equally shared. There are incidences where child support could be payable but it is v v unlikely on those salaries.

In all likelihood the salary disparity will be addressed in the financial settlement using capital as part of a clean break. Your friend may wish to consider whether she has any entitlement to benefits. She can claim child benefit and maybe UC. Both parents will need to weigh up the benefits and cost of using childcare or reducing working hours from FT to PT. But those are choices and independent decisions following a divorce.

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