Ancillary relief calculation

PaulAA_2

Hi all,

I did mention on the other thread that I have been the bread winner and most savings are due to me. Once again, no kids.

The w-vorce calculator comes up with at least 60-40 asset split in wife's favour and a 1/3 of my net pay as a maintenance.

I was under the impression a 50/50 and no maintenance is the "common" decision.

I'd like to better understand the bases for such decisions.

Thank you.

double_mummy

how long have you been married?
is there a pension property or other assets involved?

CP26

Splitting assets depends on many factors so no advice on here or an online calculator is really going to help at all. Length of marriage, earning potential, whether one of you worked and one didn't, health issues and disabilities, types of assets etc can all affect what is 'fair' in the eyes on the court.

Anicillary relief / spousal maintenance is fairly rare these days I believe. I think it also leaves the door open for revisions in the future e.g. If your income went up the ex could take the order back to court to get more money. (not 100% sure on that though as it wasn't relevant at all to my divorce so only glanced a couple of things in passing)

Most people like to do some kind of financial order that draws a line under everything and separates both parties so that neither can come back in the future to make further claims.

It sounds like you're really unsure of where you stand. If this is the case you need professional legal advice. Parting with the cash may not be what you want but a solicitor can at least help you understand what your wife is and is not entitled to.

margaretclare

The above is absolutely right. You need professional advice from an experienced family solicitor.

The suggested 60/40 split in your wife's favour may possibly reflect the fact that she's not earning and you are. But any views you get on here are only people's opinions. You need legal advice asap!

TBagpuss

CP26 is spot on. The law says that the split should be one which is "fair to both parties taking into account all relevant circumstances. "

Age, earning capacity, financial needs, lifestyle during the marriage etc are all potentially relevent.

One major issue is to consider what each of you needs and how (if) that can be achieved - so assuming that you each have similar housing needs, then it's relevant to look at what your respective mortgage capacities are, as that then tells you how big a deposit you will each need.

Savings will generally be assumed to be joint unless the marriage is very short. Earning capacity is primarily based on current earnings although where someone is not working (or is only working part time) but is capable of doing so a court can take that into account.