Is she being air? 30/70 split. any advise please..

dannyduck

Hi All

Any advise appreciated! Thanks.

Fed up now and thinking to ask my solicitor for a 40/50 split in her favour after working out how much I will get and the fact kids are 12, 13 year old.. She wants 30/70 split - I am recipient havent done any thing wrong - usual no love etc.

This is how the pot is split :
542,000 K family assets after mortgage taken out etc.
so 30% of 542,000 is 162,870 k.

She then wants me to minus 20,000 for some land I have abroad (dont know how long will take to sell).

Plus she wants me to minus 16,000 for my a little pension which was stopped a while ago but can only with raw when 55 - 5 years from now. So 162,870 - 16,000 - 20,000 which leaves me 126,870.

Lastly she took out 26,000 without my permission from family house (joint names) and spent it on car and her cards. Just days after divorce papers. So I am am asking for half, 13,000. SO 126,870 +13,000 leaves me 139,870. She gets about 380,000, She will buy me out and keep house.

Other info. Live in london she gets to stay in family house with kids 13 and 12 (so only 5/6 years till 18). I gave her 80% of all salary monthly since marriage 20 years ago. So she then pays mortgage, bills etc - so I have no credit history Paid 120,000 cash deposit on family home. She is 40 yo. Very good salary - me unemployed for a year - not good prospects. Danny.

Caroline_a

Firstly, financial dealings after marriage breakups aren't about who has done anything right or wrong. It starts with a 50-50 split of all assets, pensions, houses, land, savings, cars etc. Then a judge will look at who has the children and other mitigating circumstances.

After I split with my ex I had all 3 children and the judge gave me 70/30 split (I hadn't asked for anything, just left it to the judge). So what she is asking for isn't too over the top I would say.

Sambella

As you are unemployed a 40/60 split seems much more fair.

dannyduck

Thank you Caroline, but my kids are 12 and 13. Come 5/6 years they will be considered adults. Does that make a difference?

Sambella

You could possibly ask for spousal maintenance

As you kids are under 18 at the time of divorce that is what will count I guess.

Caroline_a

dannyduck wrote: »

Thank you Caroline, but my kids are 12 and 13. Come 5/6 years they will be considered adults. Does that make a difference?

Mine were 10, 17 and 18 at the time. All in fulltime education.

Kynthia

I believe it's normal for the total value of both of your pensions to be included in the calculations. You may not be able to access them yet but they have a value and are especially important when one has a larger pension because the other didn't work full time once children came along. Do you both have pensions and have you a value for them?

breaking_free

dannyduck wrote: »

Hi All
Lastly she took out 26,000 without my permission from family house (joint names) and spent it on car and her cards. Just days after divorce papers.

Thank was sneaky. I'd definitely have that taken into consideration as you derive no benefit from the expenditure on her car or credit card debt/

dannyduck wrote: »

Other info. Live in london she gets to stay in family house with kids 13 and 12 (so only 5/6 years till 18). I gave her 80% of all salary monthly since marriage 20 years ago. So she then pays mortgage, bills etc - so I have no credit history Paid 120,000 cash deposit on family home. She is 40 yo. Very good salary - me unemployed for a year - not good prospects. Danny.

Is there any reason why she gets to stay in the house with the kids rather than you? Even though you say your job prospects aren't good, is it realistic that she could pay maintenance and you could be the full time carer for the children? Just a thought.

pphillips

Being unemployed really works to your advantage here, I would definitely use that as the basis for at least a 40/60 split if I were you.

Happier_Me

dannyduck wrote: »

She then wants me to minus 20,000 for some land I have abroad (dont know how long will take to sell).

What is a sensible total valuation for the land? Why is this not being added to the family wealth and divided accordingly?

dannyduck wrote: »

Plus she wants me to minus 16,000 for my a little pension which was stopped a while ago but can only with raw when 55 - 5 years from now.

Again what is the total value of the pension pot?

If your wife has a well paid job, does she not have a pension too and has this been taken into consideration? If she does what's the total value of these pension pots!

dannyduck wrote: »

Lastly she took out 26,000 without my permission from family house (joint names) and spent it on car and her cards. Just days after divorce papers.

Had she not spent the money, this would have increased the family wealth and you would have received 30% of the £26k (not 50% as you are expecting). Not condoning her actions at all.


You are in the negotiating phase of a settlement. The more information you have about your wife's financial situation the better the position you are in to negotiate a positive outcome for you.

And finally how many nights are you planning on having the children each week?

Primrose

Talk to your bank if your account is still in joint names and see if you can get them to mark is as Under Dispute so that no funds can be withdrawn without joint signatures.