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Separated, how much should I provide?

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  • kelpie35
    kelpie35 Posts: 1,789 Forumite
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    I see that you say Jack that this is what she has been advised.

    Do you think the courts will see that all this is fair.

    As I do not have any experience in that field I don't know how it works.

    Also will there be a final decision made on the 12th January?
  • JackRS
    JackRS Posts: 1,063 Forumite
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    kelpie35 wrote: »
    I see that you say Jack that this is what she has been advised.

    Do you think the courts will see that all this is fair.

    As I do not have any experience in that field I don't know how it works.

    Also will there be a final decision made on the 12th January?

    My solicitor says it will depend on the judge on the day, if it will be finalised on the 12th will depend on many factors but somehow I can't see it. because we are both likely to contest the decision depending who's favor it is in.
    Regards

    JackRS
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    JackRS wrote: »
    They justify this on her needs based on the standard of living they've been used to.

    I'm sure you'd like to have the standard of living that you used to have as well but that's not going to be possible.

    There's only so much money available and when it has to be divided between two households, it won't go as far.
  • Shelldean
    Shelldean Posts: 2,420 Forumite
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    JackRS wrote: »

    Frustrating as it is she has been advised that due to the length of the marriage one party should not be better off than the other, therefore they propose a maintenance level so that our individual incomes are a closer match. They justify this on her needs based on the standard of living they've been used to. However the proposal is not fair to me as she would be able to live in a location of her choice mortgage free and have £1150 coming in and a new car, even if she doesn't get a job. Nice position think we'd all like that find a part time job somewhere to top it up a bit. My problem with that proposal is I'd be paying out a big mortgage to match the same level of housing and have left the about the same as I'm paying her. Difference is if I lost my job, took early retirement etc I'd still have a mortgage to pay and nothing coming in. So with her proposal I'd happily swop places...


    I'd happily swap places too.....her maintenance is just a fraction less than my OH take home pay, we're not mortgage free cos we could never afford to buy, and our car cost £300 and is as old as our eldest, who is 22 today.

    I understand she is entitled to something but as others have said this reeks of having your cake and eating it too.

    And let's not forget nowhere in her request does she mention the inheritance you?? Mentioned she will be getting.

    So all of the above plus a nice little nest egg to sit on?
    That's not making things equal, that's putting Mrs Jackrs in a much better position the Jack isn't it?


    Surely that plain logic? I hope the judge uses logic and common sense.
  • kelpie35
    kelpie35 Posts: 1,789 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    JackRS wrote: »
    My solicitor says it will depend on the judge on the day, if it will be finalised on the 12th will depend on many factors but somehow I can't see it. because we are both likely to contest the decision depending who's favor it is in.

    I know you have said in the past that you don't want her inheritance, and I do understand where you are coming from, but in all fairness I think it needs to be mentioned in the court case.

    I can only hope and pray that you get a judge you deserve, who sees for himself/herself how you have been so generous and have put others needs before your own.

    Please God give Jack the judge he deserves, amen.
  • mgdavid
    mgdavid Posts: 6,710 Forumite
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    JackRS wrote: »
    My solicitor says it will depend on the judge on the day, if it will be finalised on the 12th will depend on many factors but somehow I can't see it. because we are both likely to contest the decision depending who's favor it is in.

    Barrister!!!
    a good one will sort it all out on the day. He will make it abundantly clear to all parties what a fair compromise is, a position will be proposed, negotiated, agreed, and presented to the judge - who will then agree it.
    The questions that get the best answers are the questions that give most detail....
  • Thumper7
    Thumper7 Posts: 272 Forumite
    Part of the Furniture Combo Breaker
    Hi JackRS


    I'm sorry to hear that you are no further forward and this is dragging on.


    A lot of people keep bringing up her inheritance, but are forgetting about any possible inheritance you may have.


    Unless and until that money is in her hands you have no claim. Her parents can change their will at any time and leave it all to the cat and dog home, put it in trust for your kids, or they may need it for future care.


    I know you have said that you have no wish to claim her inheritance and quite rightly so.


    It is just muddying the waters.


    D
    Smile, you are beautiful:)
  • Marisco
    Marisco Posts: 42,036 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Shelldean wrote: »
    I'd happily swap places too.....her maintenance is just a fraction less than my OH take home pay, we're not mortgage free cos we could never afford to buy, and our car cost £300 and is as old as our eldest, who is 22 today.

    I understand she is entitled to something but as others have said this reeks of having your cake and eating it too.

    And let's not forget nowhere in her request does she mention the inheritance you?? Mentioned she will be getting.

    So all of the above plus a nice little nest egg to sit on?
    That's not making things equal, that's putting Mrs Jackrs in a much better position the Jack isn't it?


    Surely that plain logic? I hope the judge uses logic and common sense.

    See, this is where I disagree, all she should be entitled to is a fair share of the equity in the house, furnishings etc, and child maintenance if applicable. But what makes it even worse is, that she is happy to behave like a leech, where is her dignity and self respect?
  • Shelldean
    Shelldean Posts: 2,420 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Marisco wrote: »
    See, this is where I disagree, all she should be entitled to is a fair share of the equity in the house, furnishings etc, and child maintenance if applicable. But what makes it even worse is, that she is happy to behave like a leech, where is her dignity and self respect?

    How are you disagreeing with me I said she is entitled to something, you said you disagree but said she should get equity in from the house. Surely that is something? I never specified what/how much the something was worth did I?
  • barbiedoll
    barbiedoll Posts: 5,328 Forumite
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    I wonder if she'd be happy if you gave the whole bloody house in return for a totally clean break, i.e. no claim on your pension and no spousal maintenance? She could sell it and then buy her property on the coast that she so dearly covets, and she would have a few quid left over to spend on [STRIKE]nails, hairdressers and massages[/STRIKE] re-training to get a job.

    I know you would lose a great deal of cash now, but surely it would be worth it just to get rid of her? And when add up the amount of your pension she wants, plus her monthly allowance, you'd probably be better off after a few years anyway.

    Get a rottweiler barrister, someone who will argue your corner in court. Your solicitor appears to be pretty useless, you may as well have set fire to a bunch of £50 notes for the same result! :mad:
    "I may be many things but not being indiscreet isn't one of them"
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