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Separation divorce advice please

3 replies

LadyEatsCrispsALot · 17/12/2011 23:23

DH and I have agreed quite amicably the marriage is not working and we should separate. We have 2 DCs.
So he has 2 flats he rents out and we have joint mortgage on our family home.
The agreement so far is he will sell one flat, give me the equity and i Will buy my own house needing a mortgage and the equity as a 40% deposit.
Child maintenance agreed at £600 per month.
To me this sounds entirely reasonable.
The mortgage on family home is large (330k)and if we sold now and split the equity, it would amount to the same as what he is giving me from the proceeds of the flat he is selling.(60k hopefully)
With me so far?
Do you think this is fair? He will take on family home mortgage alone and will still have one flat left he rents.
I will have mortgage of about 80 k and regular child maintenance.
Some friends think I should ask for more?

OP posts:
STIDW · 18/12/2011 01:14

Divorce settlements depend on the overall details. No one can say what would be reasonable without more information and it isn't advisable to give too much away on a forum.

One thing to be careful of is agreeing child maintenance at a higher level than CSA rates (see calculator @ CM Options website) because if the situation becomes less amicable your husband can apply to the CSA and the amount would decrease.

The other thing is to see a solicitor early on to find out where you stand and what options there are. There is no point being unrealistic and expecting over the odds but you don't want to short change yourself, particularly if you are to be responsible for housing the children the majority of the time for some years to come.

HollyTwat · 18/12/2011 01:19

Surely you'd be entitled to half the value of both flats and the equity?
Pensions and savings also need to be taken into consideration.
If you're happy then fine, but I think you have to go through the financial disclosure as part of the divorce process so your solicitor can ensure you are getting a fair deal

LadyEatsCrispsALot · 18/12/2011 21:26

Thanks. Think a solicitor meeting is needed!!

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