Seperation, what do you have to do

FBaby

Is your husband working? Is he likely to pay a reasonable child maintenance? I assume you are working too. What I think would fair is indeed sale the house, pay your debts but then share half. I don't really understand why it would be fair to get more on the basis of you having the child if he is going to pay monthly maintenance for her. I understand you could have such an agreement and then agree a smaller amount of maintenance or none, but considering you could then chose to go to the CSA after a year and overule the court agreement, it wouldn't really be a fair arrangement for your husband.

Still you are separating, it is for him to fight his corner.

daska

FBaby wrote: »

Is your husband working? Is he likely to pay a reasonable child maintenance? I assume you are working too. What I think would fair is indeed sale the house, pay your debts but then share half. I don't really understand why it would be fair to get more on the basis of you having the child if he is going to pay monthly maintenance for her. I understand you could have such an agreement and then agree a smaller amount of maintenance or none, but considering you could then chose to go to the CSA after a year and overule the court agreement, it wouldn't really be a fair arrangement for your husband.

Still you are separating, it is for him to fight his corner.

It can be fair, for example, if one person has been expected to stay home and look after the kids rather than concentrating on a career and therefore doesn't have the earning capacity of the other. That probably wouldn't count in a short marriage but say you've been married for 20 years and you have children who's ages span 16 years or more (less uncommon than people might suppose), half the equity in the house doesn't compensate for the years lost on the CV. There's also the concept of spousal support in addition to or instead of a clean break.

RAS

Hi

We have seen some devastating problems caused by people trying to DIY divorces where there are property and children. And instances where the guns blazing lawyer has nearly wrecked agreements.

Please speak to a specialist divorce solicitor so that you understand the maximum and minimum that yuo can expect in your circumstances.

You do not indicate whether your husband is currently working? If not, he may be able to get legal aid during the divorce whilst you have to pay your own fees.

However, you do not need a lawyer for the basic divorce; download the forms and it cost £400 in court fees. if you can agree the financial settlement at mediation all the better. This should look at debts of the marriage as well as assets. it may be hard to sort all that out if you just separate.

Please bear in mind that if the house is a joint tenancy, you both own it all, jointly and severally which means that if either if you die, the other owns it all. So even if you divorce, if you die he gets the house if you do not sell it. You need to convert to tenants in common and make a new will.