What should we expect with our divorce

[Novemberley]

Hi - hoping that someone can help me with a standard-ish divorce question.

My husband and I agreed our divorce a couple of months ago and now need to decide what will happen next. We've been married for little over 3 years and have a little girl of two. We bought our house jointly a couple of years back, and both put our savings (totalling £80k) in.

He is the main breadwinner although I work part time.

If it went to court, does anybody have any experience as to what I would get versus my ex? I think he'll push for half of the house equity but I don't know if he is entitled to that.

Thanks,

Sue

50% fairly standard. Unless you can prove that more of the 80k was yours than his contribution. If you are able to make payments on the mortgage and pay bills they may allow the house equity to be deferred til daughter finished fulltime education but it will be 50% of equity in 16 years time not the figure you may have in equity now.

All this will be explained and negotiated in mediation. You are usually not in court unless mediation has completely failed. All regulations concerning legal aid changed this April. Hopefully someone can confirm but I understand that unless you are paying your own bills mediation is pretty much mandatory.

You may get a higher percentage if you waive rights to pension and spousal maintenance.

I ended up back in full time work.

If you agreed to divorce and sort it all out sharpish, and there is no one else involved you should be ok.

I would avoid court if you can, reach an agreement yourselves, and get it drawn up and signed asap, before you both meet someone new.

What are you doing about contact? that makes a difference in finances, for example if you are residential parent, you get cb, ctc etc and a larger part of equity. If 50/50% care you get half of everything that type of thing.

Why wouldnt he get half? Of course he would.

Obviously, you need to get a solicitor, go to your local Cab, and they will recommend solicitors in your area who offer legal aid, and a free first hours session.

I earn much less than by STBXH, he was always the one who paid most of the mortgage, yet my solicitor has successfully negotiated on my behalf that I will get 70% of the equity in the property. So it isn't always a case of a 50/50 split. If you can state that you can pay the ongoing mortgage on the family home, and factor into this the basic CSA maintenance which he will have to pay until DC is 18 and also any tax credits (apply now if you haven't done so - these are backdated from date of separation) then you should be able to stay in the family home.

Also, mediation isn't obligatory. Yes, the law changed and you have to give mediation a chance - but the petitioner has the right to turn up to the first session alone, decide it isn't for them, and to refer it back the solicitor. This doesn't mean it goes to court - the solicitors can then negotiate between themselves. I did this - and my solicitor is now finalising my settlement, without the courts being involved.

Every case is different - but it isn't always a 50 - 50 split. A good solicitor is crucial, so this is your first step.

It is in law terms a short marriage of 3 years, my unqualified guess with not much info, is once your dd is in school you will be expected to work full time, and you will get about 60/40 split in your favour out of the pot, with no pension share.