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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

Divorce help

84 replies

Computer125 · 12/12/2024 19:47

I am starting to prepare for divorce. I have 2 children 11 and 4. DH has said I can have all the house and will transfer in my name as long as I don't go after his pension. He also won't pay any child maintenance . He wants a DIY divorce to reduce costs and doesn't want to go to court. There is £0 savings as our salaries comes into a joint account. I am in charge of the money so I know there is nothing hidden. Our house is worth £600k and there is £120k left on the mortgage which I can cover on my single wage. I am 44 and he is 42 we both work full time and he earns £10k more than me. I am thinking this is a good option as I won't have to chase him for money and have it up front. But worried I'm missing something. Will the judge allow this? TIA

OP posts:
Autumnblackberries · 20/12/2024 18:22

There's no way you should agree to this. He is talking absolute rot.

AttilaTheMeerkat · 20/12/2024 18:22

He really does think you were born yesterday if you were to agree to that from him.

He is trying to abuse you further by offering such meagre terms for a divorce settlement. Do not fall for it. He indeed cares not a jot for you or indeed his children. Seek legal advice and get the financial settlement your family unit deserves, not what your h wants you to have.

MollyButton · 20/12/2024 18:42

If the judge refuses can you go back with another option? Or is that it I can never be divorced if judge refuses?

You can either explain to the judge why this settlement is fair, and he might let it through. Or you have to come up with a fairer one.
But if one or neither of you hasn't had any legal support then it might be even harder to persuade the judge that it's fair.

Ask a lawyer for proper advice.

strawberry2017 · 20/12/2024 20:14

I would sell the family home, get your 50% of that, get part of his pension - get advice on this and take the child maintenance. Like others have said you could agree in principle but once the house was in your name there's nothing to stop you claiming CM as legally he has a responsibility to fund the children. In the short term the t might sound like his plan works but raising kids gets more expensive each year and it doesn't end when they are 18
Speak to a solicitor.

CheeseTime · 20/12/2024 22:02

When making your plans don’t be thinking children stop costing money at 18 or even 21 or that you can downsize then. Uni after gap years then finding and keeping a job. Boomeranging around after travelling or breaking up with partners. Many are at home until 27!
I do see why the idea of this ‘clean break’ is tempting but it’s not possible and you do have to ask yourself why he’s so keen on it if he’s generally abusive?
Sounds as though you have options though OP. Wishing you all the best and well done for being the parent who is there for the children.

Mandylovescandy · 20/12/2024 22:40

Did the same calculations as your and it seemed like a reasonable deal to me though I am not a lawyer and there be stuff that I haven't considered. If your circumstances were to change though you might need to claim maintenance from him and surely he wants to support the kids, and see them?

ByQuaintAzureWasp · 20/12/2024 22:52

Computer125 · 12/12/2024 20:49

Yes I would have the kids full time. If I go after child maintenance then he will want 50% share of the house, meaning I will have to sell up , unsettle the kids and buy another properly with stamp duty and moving costs. I checked the the child maintenance calc and it's about £700 per month for both kids which is only untill they are 18/21. Also as I have a works pension would I still be able to get 50% share of his? Mine is less (about £1500 pcm once i retire) and his about £2500 pcm. Sorry to sound stupid .

You need a transfer value for both pensions. Sat yours is worth 300k and his is 600k (that's a guess) then you'd be entitled to 150k of his, plus plus 240k each from the house.
You should still be getting child maintenance.

millymollymoomoo · 21/12/2024 07:33

You should be consulting a solicitor, getting proper advise re settlements, both of you m, as a judge unlikely to sign anything off if you can’t demonstrate you’ve had independent legal advice

ge would be fool to believe he can have you anything in lieu of cms - he can’t and you simply put a claim in and he’d be liable based on income and overnights.

MooseBeTimeForSnow · 21/12/2024 14:00

@ByQuaintAzureWasp but the OP needs to understand that the pension isn’t a cash asset. It would however give her a bargaining tool and the calculations could be done to “offset” her interest in the pension for extra house equity.

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