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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

What would I be entitled to?

13 replies

Fevertree · 13/05/2018 08:34

Dear all
I'm wondering if you could help me. I know that I will not know for sure until I've spoken to a solicitor however just an idea would be so helpful right now.
If my h and I divorced, what would he be obliged to help me with? We have a small dc in primary school and one one the way. Live in a 3 bed house with a mortgage around £100k. Would be have to help me pay mortgage/council tax? On top of child maintenance? I'm not worried about pension or help with other ongoing costs. (apart from new baby's nursery fees?) would he have to help with that?

Thanks so much for any insight

OP posts:
SandyY2K · 13/05/2018 08:37

It depends on your individual circumstances, of which a solicitor would ask further questions.

You working is a factor/earnings.
Length of the marriage.
Age of the child.etc

Fevertree · 13/05/2018 11:35

Thanks Sandy. We both work FT and bring home roughly the same amount however I work Term time only to cover childcare so I took a considerable drop in pay.

OP posts:
Fevertree · 13/05/2018 11:36

We've been married 6 years and dc is in first year of primary school

OP posts:
Zhabr · 13/05/2018 13:14

50:50 will be the starting point. If you work only during the term time, that means that you are primary carer for DC. so it will probably be 60:40.
I am not a solicitor, but i think you may stay in a house till your DC turns 18/21. or the house can be sold. Lot's of people are downsizing after the divorce. It is all very individual so consulting a solicitor is crucial.

Fevertree · 13/05/2018 21:03

Thankyou both for your advice x

OP posts:
pinkhorse · 13/05/2018 21:10

If you stay in the house I think you'll have to pay the mortgage yourself. He'll need to pay you maintenance but that's it.

Jaybrickel · 13/05/2018 22:11

I believe if you both own the house, whether he lives there or not he is still legally required to pay his share of the mortgage, although his share will vary depending on your individual financial circumstances.

pinkhorse · 13/05/2018 22:17

My dp kept the house with the kids and his ex only paid maintenance. She stopped paying the mortgage when she moved out. This was taken into account when the house was sold and assets all sorted.

marjorie25 · 13/05/2018 22:38

I would get al of this in writing, not word of mouth
You need all finances sorted, how much do you earn, his earnings etc
Your outgoings and his as well.
I would not give up the house, with such a small mortgage, it would be worth it to keep.
I do believe he would have to contribute to part of the mortgage, but all this can be work out with your solicitor.
A word of warning, try to keep your solicitor's bill as light as possible.
Remember the more you pay them, the less there will be for you to live on.

Fevertree · 17/05/2018 10:25

Thank you everyone for your advice 😊

OP posts:
2boysDad · 17/05/2018 11:07

Before you can say what you're entitled to you really need to both decide what arrangements you'll have for your kids.

It's by far the most significant factor in any future financial agreements.

MarieG10 · 17/05/2018 13:22

The advice given by others is good, and in particular the balance of hours in relation to child parenting. However, whilst you may get a larger balance of the assets, do not rely in any way on getting spousal maintenance unless he has a very high income. The court will see that he also has to live himself, somewhere where he can also have the children so will tend to lean towards a clean break, with yourself having a greater proportion of assets and avoiding maintenance. From your point, the wind of change seems to be blowing against spousal maintenance as well so you might want to think ahead about relying on this

hellsbellsmelons · 17/05/2018 16:51

As others said, it depends on the arrangement for contact.
Would he be doing 50:50?
I doubt it but his maintenance payments depend on how often he has them overnight.
He wouldn't be paying your mortgage.
You would need to do that.
Get to a solicitor - some offer a free half hour so phone around and see if any in your area do this.

Why are you divorcing?

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