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Legal matters

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Is this poor legal advice?

5 replies

bluefish6070 · 23/06/2017 19:57

Posting on behalf of a friend with sketchy internet access so bear with me..

Details - E (f, 39) is being divorced by R (m, 41) after 18 years of marriage.
2 kids - 15 and 18.
R was unfaithful. He is keen to divorce so has filed against E citing unreasonable behavior. (One example stated is that E purchased a bed without his knowledge. No real reasons so he's making stuff up)
R is in the Army (high-ish rank)- earns around £43k. E was army ( low rank) , left to raise their kids, followed him around when posted and now works f/t in admin earning £17k. (Wages aren't great where she lives and she can't afford to go back to college at the moment - her skills are military based). Both have army pensions, no savings. R's army pension fund is valued at £206k, E's is around £68k.
3 years ago they bought a house together using help to buy scheme via the army - loan of £40k to be repaid either upon sale of house or army lump sum. House has been valued at £295k. Mortgage outstanding is £169k, with a £8k charge if it's sold within 5 years.
R was paying half the mortgage payments (£760 p/m) until recently. He pays maintenance of £435 for the 15 yr old. He's now stopped paying the mortgage. E has around £1200 a month wage, the maintenance and no other income.
R's solicitor has told E he wants her to sell the house now, she gets all the equity in return for a clean break - and leaves his pension alone. In her area, houses aren't reaching asking price - estate agent thinks she will sell for about £260k. After the mortgage is paid off, and the help to buy loan, and the redemption fee, this leaves her with around £43k. She doesn't earn enough to buy another property even with the £43k so would have to rent, current rents in her area are £800pcm.
R is pleading poverty despite earning £43k a year, has no other outgoings or mortgage (lives in the Mess), but is planning on bringing his new girlfriend to the U.K. (She's from South America) and supporting her financially while she studies full time. He's told his 18yr old she will have to find her own place over the summer (she isn't in college but has a part time job) and he's trying to persuade the 15year old to change his college plans and join the army as a 16 yr old cadet.

E's Solicitor is encouraging E to accept this offer and has said "if you don't, it'll go to court and you'll end up with nothing.."

Would you think she should get a second opinion? She's in a really low place right now and I don't want her to get shafted. R is a very manipulative person and has been violent in the past - he's a bully who assumes E will go along with whatever he suggests. She's my friend and I just want her to be treated fairly. Kids live with her 100% of the time.

Thanks guys x

OP posts:
Collaborate · 23/06/2017 23:43

Not got the time to consider it in detail but she needs to consider the cost of taking it to court might mean it's not an attractive proposition. She should seek a second opinion if she's unsure.

MrsBertBibby · 24/06/2017 08:53

Has she applied for tax credits? She might get some additional income there.

I would be inclined to argue for short term spousal maintenance so she can hold on to the house until youngest is 19 at least. It may be that the equity is enough to offset the pension gap, especially if he pays term maintenance and the early redemption charge is avoided.

I'd strongly suggest a second opinion.

Familylawsolicitor · 24/06/2017 09:13

This reply has been deleted

Message withdrawn at poster's request.

MrsBertBibby · 24/06/2017 09:17

I'm assuming they are in the 05 scheme, which isn't as good as the 75 one. But yes, I would want a damn good look at the actual pensions, not just the headline numbers.

babybarrister · 24/06/2017 09:42

This reply has been deleted

Message withdrawn at poster's request.

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