We are civil partners. The house is in both our name. We have about £100,00 in savings. She is 38 years old. I am 59 in November this year and about to retire. I have brought all capital into the relationship and worked fulltime and supported her not working full time for about 10 years whilst she has attempted to puruse other careers other than teaching. We now have a son of 4 years and again I have worked full time to enable her to sat at home 2 days a week - although he is in childcare in the morning of those 2 days.
But I stress, all capital in the house and all savings were brought into the relationship by me - and I was always by far the higher income earer.
Belinda will be going back to full time teaching at about £33,000 gross per year. She gets 80 child benefit net per month and £400 per month maintenance from me starting this month.
I earn £17,500 gross from my work pension. I earn about £19,500 from my work salary.
My partner is being very fair recognising that she want to leave me and that I am approaching 60 with few working years ahead of me. I also want to move back to an expensive area weher we originally moved from to be close to my sister and the rest of my family (in old age).
I will take everything all the money (savings and all equity) to enable me to put a large deposit down on a 1 bedroom masionette. I shall still need a £50,000 mortgage for 16 years (the maximum allowed at my age)
I will give her £15,000 and £400 / month maintenance towards our child and ad hoc contributions if she needs them although I accept these aren't quatifyable.
The separation so far is very honourable and amicable.
No. She doesn't want it
No rush but we will get divorced. We don't know how to go about this, but would prefer to not use solicitors if this is possible, or spend as little money as possible. We would rather keep our money in our own pots.
Is this possible?
Why won't the judge make this order - is this because my partner is coming out with too little money, despite my age and I brought everything into it and she has a full working life ahead of her?
In 2022 I shall be retiring and my income will drop to £20,000 gross per annum before I pay out £400 a month maintenance and even by taking the money we hope that I can take, I will still be paying off a £50,000 mortgage over 16 years which will probaly cost about £500 / month.
She on the other hand will be earning up to £40,000 and a s asingle mother will probably be entitled to benefits and my maintanance just mentioned. I am not going to walk away from my responsibilities. This is amicable.
1.Would the judge still not agree to the order - see that my income is going to drop in a few years time?
Who oversees the order being enacted, in terms of the money being handed over - if weboth have to do as the courts say in order to get the divorce, but not as we wish in terms of how we want to divide the money up.i.e. does the money have to be handed over to the courts and do they split it up and hand it out - or do they entrust that to the partners to do.
forgive me - I'm not sure what you're saying. Earlier you said that we wouldn't be granted a divorce based on how we wanted to divide the money. But it seems now you're saying we can get our divorce regardless of how we wish to divide our money (provided that both parties are in agreement) and sort out the money ourselves the way we wish without involving the courts. It didn't seem that you were saying that right at the beginning of the advice.
previously it seemsed that the courts wouldn't let us have a divorce unless they were satisfied there was a fair division of the assets
Thank you - that is now clear
Thank you for checking in - I have completed everything and indeed have spoken to a solicitor friend who has reinforced everything you have advised.