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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

My brother is getting divorced - what's fair in terms of money?

27 replies

LaCerbiatta · 18/11/2014 10:06

Please help me get some perspective on what’s morally right.

First of all my brother is in another country so UK laws don’t apply. They want an amicable divorce, without even a solicitor involved , so are trying to go on what’s fair.

So, they got married 3 years ago. Before getting married each had their own flat (I think my brother owned his mortgage free and she was/is still paying towards hers). After getting married they decided to move to a different town and put both flats on the market. My brother’s sold and hers didn’t. They bought a family house in this new town with the money from my brother’s flat and my parent’s help. Her contribution in terms of money was none. Her flat is currently rented and she keeps the rent money.

Where they live the default agreement by law is that whatever you acquire after getting married is split 50/50, whatever you owned before is kept as yours. In their case it appears that my brother can still claim the house as although it was bought after getting married it was with money from a house that he owned before, although we’re not 100% sure on this.

So, now they’re getting divorced. They have a 2 yo dd. She’s leaving the family house (her choice, she doesn’t like it) and renting near by. They are going to do almost shared custody – she gets 3 days a week, my brother 2. They alternate weekends.

They agreed that my brother would pay half the nursery plus some maintenance. He will also pay her 12000 euros split over 2 years for the money she invested in the house (they did some work on it). Although they’ve worked out that the money spent was 14000 euros, so effectively her contribution was just 7000. My brother was happy with this arrangement. Now after talking to her parents and some friends she is saying that she has to pay rent and leave the family home so he needs to pay more and raised it to 20000 euros over just under 4 years. My brother wants to keep it friendly and most of all wants to keep the shared custody (which he won’t get if it’s up to a judge to decide) so he’s agreeing to this as well, but now I’m thinking it is a bit much…

What do you all think? Some outside perspective would be really useful!

TIA

OP posts:
Lweji · 18/11/2014 22:05

The chances of a portuguese person, with no connections whatsoever to this country coming on this site are pretty negligible.
True. I am Portuguese, but I lived in the UK for about 15 years. :)

Having said that, I have mentioned the site before to friends...

So, I'm guessing they married in Portugal and have no connection to the UK.

I don't think your brother would have problems in getting shared custody if he pursued it.
And the financial settlement is separate from the children.

I too second getting legal advice. I got a solicitor and filed for litigious divorce, but in a court hearing it turned into mutual consent. So, in a way the system can be more flexible.

grocklebox · 19/11/2014 00:05

Except they do have connections to this country. You live here. You would be very easy to find online if anyone wanted to.

But you can post whatever you want. The problem here is that no-one knows what they should do legally, its no-ones business but theirs what they should do morally, and no-one can work out quite what it has to do you in either sense.

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