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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.

Consent orders- worried will get refused

8 replies

NewChapterVerse · Today 00:34

Hi, filed for divorce today. We have agreed for me to keep marital home (mortgage-free) and he uses inheritance money to purchase new. I'm low earner and 70% primary carer, he will pay Global Maintenance (spousal and child)- is the judge likely to view this as unbalanced in my favour? Potentially might offer a pension lump sum too, for previous years of low earning due to primary carer. Getting worried the judge will reject. We are in agreement that we will review and reduce as I start to earn more etc.

Thanks for any sharing of experiences

OP posts:
millymollymoomoo · Today 06:30

Nowhere near enough detail to judge

have you both had independent legal advice or mediation ? If so it’s more likely to be agreed. If not, there are many questions and vague statements such as will reduce as you start earning need more specifics and tightening up

HubertLaneIsMyNemesis · Today 06:46

How much in the house worth? How much is the inheritance and will it be enough to buy a house adequate for him to have the children living there some of the time? In an area they can access their school. Why will he pay spousal maintenance?

MoshpitAtMorrisons · Today 06:48

Sounds like you’ll be balling. The judge may well refuse this

NewChapterVerse · Today 07:46

His house worth double, plus substantial savings. I've been primary carer for 8 years, part-time to cover all school runs etc. It's all been fairly rushed (from him) and no independent legal advice.

We have agreed a phased reduction in payment, eg, eldest starts Yr7, to stop when the youngest starts Yr 7, the maintenance is just to top me up to meet outgoings, not to live in luxury (£500 pm to allow for my lower earnings which are restricted due to school hours). But he was asking me to click yes, to a financial order, and then I started reading up properly as I did not realise that the judge might say no, or that there were alternatives. I might ask us to draft something and seek advice before sending to judge.

OP posts:
Sweetneverbitter · Today 07:55

Global or spousal maintenance will be taken £ for £ off any universal credit you might be entitled to. Child maintenance is disregarded.
In divorce there is a pot. Equity in property, savings and pensions, along with high value items, such as cars, jewellery and artworks go into the pot.
Starting point is 50/50
The lower earner, or primary parent who has sacrificed their earning potential usually recieve more than 50%
Only on Mumsnet will you be told 50% is all you are entitled to.

You need legal advice.

If he is a high earner, your child maintenance will possibly exceed the £500 a month global maintenance he is offering.

You can use online calculators to see how much universal credit you might be entitled to to help with bills and living expenses.

Sweetneverbitter · Today 08:02

Just to add, it is usually those with more to lose who push for a quick agreement without legal advice.
He isn't being generous giving you the family home, while he walks away with enough to buy a bigger house, his high value pensions and savings.
My ex husband was extremely keen for me to sign his written agreement and completely lost his cool when I instructed a solicitor.
I walked away with 72% of the pot.

NewChapterVerse · Today 09:00

Thanks all, not seeking any more from him or his savings, but equally don't want the judge to say I can't really afford to keep the children if I'm so reliant on him to top up earnings. Of course will seek more work, but have searched a long time to find what fits around the children and it is a competitive market. He is not a high-earner, just average, and his savings are from inheritance which I don't wish to try to access. The pension lump would just be to get us on an even footing at this point.

I think it's best we write something up and ask someone to independently review.

OP posts:
millymollymoomoo · Today 11:58

You both must take independent legal advice , without it you stand a good chance of rejection

agree with others - if you are in receipt of uc they I’ll be impacted by spousal maintenance

if he’s not a high earner, he also would not be expected to pay spousal

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