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Separated, how much should I provide?

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  • JackRS
    JackRS Posts: 1,063 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Wol2 wrote: »
    Spousal maintenance should cover "all living costs" - yet despite agreeing to cover an (albeit negotiable) monthly sum for SM, for (an albeit negotiable) number of years ......you are also being asked to contribute an additional £185pcm for a car....:eek:

    I honestly don;t think your barrister or the judge has twigged this "duplication of demand" yet..

    Thanks for answering my question about monthly car payments - it's late now so I will PM my suggestion to you you tomorrow
    xxx
    Thanks for your views, it is complex and frustrating, believe me...
    I believe the car is something of a unique privilege that is available to me. This is something I can provide at a lower cost than available to most. If I wasn't able to provide the car I would be expected to pay more maintenance and cash. As I wrote previously my barrister believed a judge may order SM around the £950/m therefore providing a car gives me an advantage in terms of lower total payment. It gives her an advantage compared to needing to buy a car and insurance etc. Obviously if the car wasn't a factor I wouldn't include it. I'm trying to maximise what I get in terms of cash to improve my LTV.
    Regards

    JackRS
  • duchy
    duchy Posts: 19,511 Forumite
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    I think the car is been treated as an entitlement on top rather than a substitute.

    I think removing it would give you a bargaining tool.
    I Would Rather Climb A Mountain Than Crawl Into A Hole

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  • mgdavid
    mgdavid Posts: 6,710 Forumite
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    duchy wrote: »
    I think the car is been treated as an entitlement on top rather than a substitute.

    I think removing it would give you a bargaining tool.

    No; I think the opposite.
    It is being offered as a bargaining tool, to reduce the OP's cash outflow, as it is worth more to the ex than it actually costs our OP.
    The questions that get the best answers are the questions that give most detail....
  • This is the longest drawn out affair, I have ever come across. I sincerely hope that you Jack and Mrs ex Jack can reach a fair outcome and move on with your respective lives and be happy...life is too short as it is...


    Debt free 4/7/14........:beer:
  • Marisco
    Marisco Posts: 42,036 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    JackRS wrote: »
    Thanks for your views, it is complex and frustrating, believe me...
    I believe the car is something of a unique privilege that is available to me. This is something I can provide at a lower cost than available to most. If I wasn't able to provide the car I would be expected to pay more maintenance and cash. As I wrote previously my barrister believed a judge may order SM around the £950/m therefore providing a car gives me an advantage in terms of lower total payment. It gives her an advantage compared to needing to buy a car and insurance etc. Obviously if the car wasn't a factor I wouldn't include it. I'm trying to maximise what I get in terms of cash to improve my LTV.

    But why? Isn't it about time she stood on her own two feet? Let her buy her own car, that's what I did when my marriage went south, it didn't even occur to me to expect my ex to shell out for one. God, what a leech! :mad:
  • kelpie35
    kelpie35 Posts: 1,789 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 6 April 2015 at 10:41AM
    My final offer as posted earlier was £210k, no pension share £650/m and car for 3 years. Or no car and £215k. To which she couldn't agree and felt under pressure so wanted time to consider. My barrister suggested we put the offer in writing then she has 14 days to respond. If no agreement then final hearing which will be 3 - 6 months away and cost between £10k - £20k. My barrister said if it went to final hearing and the outcome was similar to the offer I could claim costs against her.




    If this offer is refused, and it does take another few months:mad:

    Your csa payments and car lease will have finished, what will she do then?

    Are you forced, by law, to pay her anything until a judge decides at a final hearing what amount you have to pay?
  • JackRS
    JackRS Posts: 1,063 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    mgdavid wrote: »
    No; I think the opposite.
    It is being offered as a bargaining tool, to reduce the OP's cash outflow, as it is worth more to the ex than it actually costs our OP.

    Yes that's how the barrister saw it when discussing although indicated the judge would see it as a total cost to me not its value. In the negotiations one option she suggested was for capital now she would go without the car, she wanted £220k with no car and 4 years SM at £650/m in response to my final offer of £210k and 3 years SM at £650/m and car for 3 years.
    Regards

    JackRS
  • JackRS
    JackRS Posts: 1,063 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Marisco wrote: »
    But why? Isn't it about time she stood on her own two feet? Let her buy her own car, that's what I did when my marriage went south, it didn't even occur to me to expect my ex to shell out for one. God, what a leech! :mad:


    Yes you'd think so but the guidelines the judge gave were, because she is unlikely to earn much more than the minimum wage and her pension pot is small that a clean break may not be appropriate in this case. The judge said if she was reviewing this at a final hearing she would suggest a lower portion of available cash, a pension share and SM until retirement.....

    However at no point has ex requested pension share, she's wanted cash to maximise her house purchase fund.
    Regards

    JackRS
  • harrys_nan
    harrys_nan Posts: 1,777 Forumite
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    I fail to see, why you are still having to give her SM. Is she old or unable to work ( I know she just doesn't want to) I thought SM went by the wayside years ago. I appreciate she lived a certain lifestyle with you but come on, how much longer are you going to be tied to her?
    I understand perhaps she has to have a certain amount of help to start a fresh, but nothing is stopping her from working and claiming if she won't/can't work full time, so why are you having to support her for x amount of years, if it was 12 months or so I could.
    Can't understand some women at all.
    Treat other's how you like to be treated.

    Harry born 23/09/2008
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    Proud nanny to two beautiful boys :j
    And now I have the joy of having my foster granddaughter becoming my real granddaughter. Can't ask for anything better

    UPDATE,
    As of today 180919. my granddaughter is now my official granddaughter, adoption finally granted
  • JackRS
    JackRS Posts: 1,063 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    kelpie35 wrote: »
    My final offer as posted earlier was £210k, no pension share £650/m and car for 3 years. Or no car and £215k. To which she couldn't agree and felt under pressure so wanted time to consider. My barrister suggested we put the offer in writing then she has 14 days to respond. If no agreement then final hearing which will be 3 - 6 months away and cost between £10k - £20k. My barrister said if it went to final hearing and the outcome was similar to the offer I could claim costs against her.




    If this offer is refused, and it does take another few months:mad:

    Your csa payments and car lease will have finished, what will she do then?

    Are you forced, by law, to pay her anything until a judge decides at a final hearing what amount you have to pay?

    No I would not be required by law unless a maintenance pending suite (sorry if wrong spelling?) hearing was held and an order passed. Obviously these take time and costs high so it would not be likely to be held before a final divorce hearing.
    Regards

    JackRS
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