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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.

Separation of assets: Am I under-thinking this?

6 replies

shrewdasserpentsinnocentasdoves · 10/03/2025 18:12

Looking for advice about separation/divorce. I had always expected to need legal advice, but now wondering if this is definitely necessary in my circumstance

Married 19 years, 2dcs, older teens

House: jointly owned. will either be sold or one of us will buy the other out. I would be wanting 50:50 split of this.
Pension: his is more; both in same scheme (civil service) so we can get his balance transferred to mine for a small fee to equal them out. I would like 50:50 pension split. We are both the same age so same amount of time available to build up pension pots.
Custody: both dc are currently with me full time. That might change if we sell the house, but unlikely. As they are both older teens the decision about where to live will be up to them, nothing can be taken to court.
Income: we know each other's salary because money was previously paid into joint accounts. He earns about 25% more than me. I'm reasonably sure that I can live on just my salary, but would need CM.
Savings: I have a smallish (very low 5 figure) inheritance which I received after the separation, and no other savings. I think he will be prepared to leave that alone. He has probably built up some amount of savings, especially since separation, maybe 4 figures/low 5 figures, but I am not interested in making a claim on these. Neither of us are high earners and any spare money over the marriage has been spent paying off the mortgage
CM: I think can manage financially if he pays the amount suggested on CMS website for the two DC living with me full time. Ideally I'd like him to pay a bit more as and when expenses come up.

Am I right in thinking that if he agrees to a 50:50 split on house and pension, and not to make a claim on the inheritance that I received after we separated, that there would be no reason to get lawyers involved beyond just signing off the consent order? Or am I being naive?

OP posts:
Octavia64 · 10/03/2025 18:19

If you can agree a split amicsbly then there is no need to get lawyers involved at all.

We didn't.
Your situation sounds relatively uncomplicated and like it can be dealt with jointly.

There are various services you can use to turn into legalese what you have agreed and submit it to the court.

sometimesmovingforwards · 10/03/2025 18:23

It’s best to use lawyers as little as possible!
Currently you have a joint pot to split 2 ways.
Get a lawyer each and it needs to go 4 ways.
Snd it’s not in the lawyers interest to wrap it up quickly if you become part of their monthly billing income plan…

millymollymoomoo · 10/03/2025 19:26

We didn’t use lawyers at all

how old are your older teens - because if you need to rely on cms that’s a problem you need to think about. What if they want 50::50 living? What about if it stops in a few years? ( if they’re older teens)

the salary differential doesn’t seem material
enough to deviate 50:50 assets as you outline above

shrewdasserpentsinnocentasdoves · 10/03/2025 20:59

Thanks for advice.@

I'm not too worried about CM stopping when the DCs move out, pretty much all of thwt money would be spent on them, and anyway I can downsize if needed once they have properly left home.

@millymollymoomoo I don't understand what you mean about salary differential and deviating from 50:50?

OP posts:
minnienono · 10/03/2025 21:05

If you both agree, you just need the consent order written up. Judges do not question it as long as you are both of sound mind

millymollymoomoo · 10/03/2025 21:08

Cms will stop at 18 not when they move out ( unless in full time education I think till 19)

I mean, you are looking at 50% of assets split, and you reference him earning 25% more - that is unlikely to be enough to swing asset split in your favour and move from 50:50 especially if you get cms. Hence I’d keep solicitors to a minimum

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