Is 50/50 fair?

[mpuddleduck]

I have posted about this before, but am still unsure about how to go about this.
I split with (d)h nearly 18 months ago after 17 yrs of marriage.
He moved away and now only sees the children occasionally (3 times in total last year) and hasn't had them overnight at all.

My solicitor says we should start splitting assets at 50/50. We only have savings from selling our house, no property etc.

What would be a fair split and should I fight for more than a 50 split or is it not worth it?

Might be better to post this under legal?

If the children are young and still live with you he won't get 50\50.

I beleive you would more likely to get 70/30 split in your favour. I would get some good legal advice. Good luck.

I got 90/10 in my favour given the ages of the DC, the fact that it was my money whch bought the house etc etc but around 5 of my friends got an 82/18 split (bizarre they were all the same!!!) - so no I wouldn't be looking at a 50/50 split!

I am grateful for your replies, I didn't put in much when we bought our first house as he had had a house before and I lived at home.
Can I ask how you or your friends came to the decision on how to split it?
My solicitor wants to know my feelings on the subject but doesn't seem to be suggesting amounts or helping me decide.

I think much depends on how old the kids are and what your earning potential will be compared to his.

I don't think anyone here could give you a definitive answer and I'd be cautious of using other people's experiences as a guideline for yourself.

If your kids are young and he will earn a lot more than you then 50:50 is unfair. If the kids are practically leaving home and then you can expect to earn similar then 50:50 is fair.

If you can't get sense out of your own solicitor, I'd have a talk to a couple of others under the guise of the fact your current solicitor isn't great. If the new solicitor can sniff new business, he may be happy to dish out some advice. Whether you take it or not is entirely up to you.

Agree with NiceGuy2, as I usually do as he talks sense.

Personally I got everything in the house, he got about 40% of the equity of the house which was a bit much (agreed ourselves) but I earn a similar wage to him and I could pay him off. Each situation is different.

Ditch your solicitor. Get a proper one.

ie what NG2 says