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Is this an unreasonable divorce set-up?

6 replies

FiveOfOneTwoOfTheOther · 10/02/2011 11:10

We own a property with equity of approximately £260k. Of the original purchase amount we both put in a fairly equal amount of deposit (33k him and 40k me)
I have been raising our children for the last few years and am currently in study full time. He is self employed.

Our intentions are to split the house and land unequally to take into account that he will not pay maintenance to me, the RP and will not have much contact due to his work. I will own the house and he will own a small plot of land nearby on which he can erect a small home hopefully with savings but if not a small loan and savings. He will retain his business and cars and I will retain my car.

Does this sound unreasonble? If I applyed to court for a divorce directly with him and we are in agreement to these terms could a judge deem it unfair?

There are two children involved, both of whom are quite young, one still at preschool. His earnings are variable but decent and I do not have a wage coming in at the moment due to studying and raising the children.

Student finace and bursaries would provide me with roughly 10k a year to live off and I am willing to take on a couple of nights a week in a care home to supplement this if needs be.Family available to help with this.
Will gain a pro qualification at the end of course and jobs available in area so confident about job prospects from continuing the course having worked in same area pre dc.

OP posts:
prh47bridge · 10/02/2011 16:58

Without knowing all the details it is impossible to judge. However, I note you say that he will not pay maintenance. You both need to be aware that you can apply to the CSA for him to pay child maintenance 12 months after the consent order.

Resolution · 10/02/2011 17:10

15 months actually, prh. 12 months then 3 months notice.

My lad knew the definition of 'pedant' from age 5. wonder where he got that from?

prh47bridge · 10/02/2011 17:19

True Smile

I am also frequently accused of being pedantic. I wonder if it goes with the territory!

rosarugosa · 17/02/2011 17:25

Any consent order you draw up will be scrutinised by the district judge so be aware of that. especially where financial relief is concerned and welfare of the children.

Don't sell yourself short or your children, after all you never know what will happen in the future.

Go for the best deal you can get

Resolution · 17/02/2011 18:20

Just re read the OP. are you thinking of taking no child maintenance? If do, you should be aware that on public policy grounds you cannot clean break child maintenance. You could therefore go to the CSA the day after a final order is made. Have I misread your post?

darleneconnor · 17/02/2011 18:26

It deends how much all the assets are worth.

If you have joint debts/mortgage who will be liable for those.

I think you should keep in mind what you would want if one of you became unable to work.

My Mum took a 'clean break' but is now too disabled to work and is living on benefits whilst my Dad is worth £££.

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