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Financial Order

7 replies

Jenkib · 19/02/2025 06:44

Ex and I split in 2019 (had been married 11 years and 2 kids together)
We have equal cstody of the kids and so no maintenance was paid by/ to either of us .
I took over the mortgage in 2020 and gave him 50% of the equity . He has since bought a property on his own.

We have avoided solicitors so far (apart from drafting up the financial order which is what I am now concerned about)
We have disclosed earnings, savings and pensions.
It is the pensions part that is the greatest disparity. His is over twice (nearly 3 times) what mine will be.

I stayed at home with kids prior to them starting school (did several PT time jobs to contribute to the household income) but ultimately he progressed and I didn't etc.
If I was to suggest an amount to him, how would I come up with the amount ?
Unsure I would be entitled to legal aid (I earn 30k, get nominal UC amount) would 30 mins free advice cover such matters ?
I am not greedy but equally feel it is unfair currently.
TIA

OP posts:
JoyousPinkPeer · 19/02/2025 07:51

You need an official valuation of both pensions, then you split down the middle.

You should not have given him any money in advance if the financial agreement.

onyourway · 19/02/2025 08:10

As you are not yet divorced, both the houses are now marital assets as well.

BigFatLiar · 19/02/2025 08:50

onyourway · 19/02/2025 08:10

As you are not yet divorced, both the houses are now marital assets as well.

And you both really proper legal advice. You may be trying to keep it all amenable but its possible you're just muddying the situation.

The new house may or may not be a marital asset depending on how the judge sees the split. If it is then you may need to give him more money as the amount previously given has been reabsorbed into the marriage.

TizerorFizz · 19/02/2025 17:17

All assets are still on the table. You do need a solicitor for this. You need clarity on property and pensions in 2025. Are you the resident parent? There are now two properties in the mix and you could have more of the house in exchange for no pension. Plus he’s now got 2 houses? He might need to look at CGT.

mitogoshigg · 19/02/2025 17:20

In theory all assets are on the table however what we did was rolled back to our separation date for valuation purposes. We filed the consent order uncontested and it wasn't questioned with only the pension listed and a statement that all other assets had been already split prior to divorce.

mitogoshigg · 19/02/2025 17:21

Ps my ex paid for a solicitor to draft the consent order but we agreed prior

TizerorFizz · 19/02/2025 21:15

Except the second property has not been taken into account or many more years of unequal pensions if backdated. Up to the op though.

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