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    • loveasale
    • By loveasale 4th Oct 17, 1:20 PM
    • 282Posts
    • 1,806Thanks
    loveasale
    Divorce 60 / 40 split
    • #1
    • 4th Oct 17, 1:20 PM
    Divorce 60 / 40 split 4th Oct 17 at 1:20 PM
    Me and OH are divorced I still live in home and now kids are older we are going to sell ,
    He is offering me 60% , I've paid mortgage in full for 5 years since parting,
    No real pensions or savings either side to speak off ,
    Feel a bit miffed at offer but just want some advice
    Thanks
    I will never be rich but I'm happy
Page 2
    • TBagpuss
    • By TBagpuss 5th Oct 17, 12:02 PM
    • 5,965 Posts
    • 7,713 Thanks
    TBagpuss
    OP, how do your earnings compare with those of your husband?

    Normally, a court would start by looking at a 50/50 split then adjust up or down to take account of differing needs, income and earning capacity.

    Once the child leave, you both have broadly similar needs but it may be fair for you to have a bit more if you earn less than him (and can't readily increase it) and (if the gap is more than a couple of years) because you are older so will have a shorter period to build pension and over which to pay a mortgage.

    60/40 may well be fair, but to advise you any solicitor would need details of your respective incomes, mortgage capacity, housing needs and any other financial assets.

    As Comms says, your employment situation does sound rather dodgy. Have a look here https://www.gov.uk/employment-status/employee and consider giving ACAS a call.
    • loveasale
    • By loveasale 5th Oct 17, 12:06 PM
    • 282 Posts
    • 1,806 Thanks
    loveasale
    Comms and uksbd ,,, thank you both , no not a union member and I will certainly look into this matter ..
    However at the moment I need to get a new home and move on ,,, wards and hopefully upwards
    I will never be rich but I'm happy
    • loveasale
    • By loveasale 5th Oct 17, 12:29 PM
    • 282 Posts
    • 1,806 Thanks
    loveasale
    I actually am on about 17 k ,, I'm not sure why I said 12 back then ?
    I'm thinking of getting an accountant to do all my accounts ( if that's what one could call all income and no outgoing apart from NI and tax )for the last year , thus hopefully I can get a mortgage , I know I won't get much ,, but at least I will afford a home for me and kids , (with the 40/60 spilt , plus some savings ,40 grand mortgage )
    Well that's the theory !!!
    I will never be rich but I'm happy
    • Comms69
    • By Comms69 5th Oct 17, 1:26 PM
    • 515 Posts
    • 382 Thanks
    Comms69
    I actually am on about 17 k ,, I'm not sure why I said 12 back then ?
    I'm thinking of getting an accountant to do all my accounts ( if that's what one could call all income and no outgoing apart from NI and tax )for the last year , thus hopefully I can get a mortgage , I know I won't get much ,, but at least I will afford a home for me and kids , (with the 40/60 spilt , plus some savings ,40 grand mortgage )
    Well that's the theory !!!
    Originally posted by loveasale
    Irrelevant, you still aren't self employed and that's the point.


    Do you get annual leave?
    Do you set your own hours?
    Do you have multiple clients?
    Could you send a substitute to do your work?
    • loveasale
    • By loveasale 5th Oct 17, 3:15 PM
    • 282 Posts
    • 1,806 Thanks
    loveasale
    I really do appreciate your input ,, but at the moment I have to sort out a new home for myself and my boys , the last thing I want to do is ' rock the boat ,' at work and have un easy feelings there !
    I will never be rich but I'm happy
    • Comms69
    • By Comms69 5th Oct 17, 3:19 PM
    • 515 Posts
    • 382 Thanks
    Comms69
    I really do appreciate your input ,, but at the moment I have to sort out a new home for myself and my boys , the last thing I want to do is ' rock the boat ,' at work and have un easy feelings there !
    Originally posted by loveasale
    - do you think a lender is going to lend you any money if you're 'self-employed' but with all the issues of whether your are or aren't?


    anyway your choice - goodluck
    • loveasale
    • By loveasale 5th Oct 17, 3:43 PM
    • 282 Posts
    • 1,806 Thanks
    loveasale
    do you really think this will be the case ?
    I will never be rich but I'm happy
    • Comms69
    • By Comms69 5th Oct 17, 4:11 PM
    • 515 Posts
    • 382 Thanks
    Comms69
    do you really think this will be the case ?
    Originally posted by loveasale


    I'm not saying it to scare you.


    If you're self employed it means you have no entitlement to sick pay or redundancy - two things which give lenders some piece of mind that you will pay.


    You keep refusing to answer the questions so to be honest I'm not giving any more advice as it could lead down the wrong route.
    • NineDeuce
    • By NineDeuce 5th Oct 17, 4:20 PM
    • 298 Posts
    • 243 Thanks
    NineDeuce
    Say you will accept 65% plus the cats.....
    • loveasale
    • By loveasale 5th Oct 17, 4:29 PM
    • 282 Posts
    • 1,806 Thanks
    loveasale
    I haven't refused to answer any questions!
    I will never be rich but I'm happy
    • Comms69
    • By Comms69 5th Oct 17, 4:41 PM
    • 515 Posts
    • 382 Thanks
    Comms69
    Do you get annual leave?
    Do you set your own hours?
    Do you have multiple clients?
    Could you send a substitute to do your work?
    • loveasale
    • By loveasale 5th Oct 17, 4:48 PM
    • 282 Posts
    • 1,806 Thanks
    loveasale
    I can do as many hours as I choose,
    I don't get paid for annual leave,
    Yes I do have multiple clients, but this being my main one ,
    If I needed to I can get someone else to cover my work as a substitute
    I will never be rich but I'm happy
    • loveasale
    • By loveasale 5th Oct 17, 4:49 PM
    • 282 Posts
    • 1,806 Thanks
    loveasale
    Cats??????
    I will never be rich but I'm happy
    • Comms69
    • By Comms69 5th Oct 17, 4:55 PM
    • 515 Posts
    • 382 Thanks
    Comms69
    I can do as many hours as I choose
    I don't get paid for annual leave,
    Yes I do have multiple clients, but this being my main one ,
    If I needed to I can get someone else to cover my work as a substitute
    Originally posted by loveasale


    So this isn't really accurate?


    I've been in the same employment for 18 years and earn 12,000 a year,,,,,,,BUT as my employer didn't want to pay that 'I'm in pension ' we have all gone self employed last October, the only change is that I pay my own tax and NI.

    - The changes are quite substantial. You've 'lost' 5.6 weeks pay, you've lost sick pay, you've lost pension, you've lost redundancy.


    Your daily rate pre-tax is £65, you would earn more doing minimum wage work in reality if you count the benefits of employment.
    • loveasale
    • By loveasale 6th Oct 17, 8:06 AM
    • 282 Posts
    • 1,806 Thanks
    loveasale
    There are people all over the land in my situation,
    Rent a chair hairdressers are a similar thing ,
    yes it may not be ideal , but I'm happy to be working and earning , when we did the switch we all got an increase on our hourly rate.
    I will never be rich but I'm happy
    • Comms69
    • By Comms69 6th Oct 17, 10:49 AM
    • 515 Posts
    • 382 Thanks
    Comms69
    There are people all over the land in my situation,
    Rent a chair hairdressers are a similar thing ,
    yes it may not be ideal , but I'm happy to be working and earning , when we did the switch we all got an increase on our hourly rate.
    Originally posted by loveasale


    Better have been a 20-30% increase
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