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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33319
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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is a 65/35% asset split reasonable given that I (wife) will

Customer Question

is a 65/35% asset split reasonable given that I (wife) will be caring for my Autistic son aged 13 Trying to negotiate CSA but am forgoing spousal maintenance (he is refusing) and pension share as want a rental property instead. assets total £1130K inc pensions and £860K without. married 21 yrs and he earns 100k ansi earn 8k!

Submitted: 2 years ago.
Category: Family Law
Expert:  Nicola-mod replied 2 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 2 years ago.
I will wait but please would love an expedited response. Thank you
Expert:  Nicola-mod replied 2 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Could you give me an idea of the breakdown of the assets - the value of the matrimonial home and the outstanding mortgage - and the value of the other assets
Clare
Customer: replied 2 years ago.
The value of the matrimonial home is £550k with £40k mtge outstanding. There are rental properties with c£200k equity and cash of £180k. His pension is £180k and mine £100k.
Expert:  Clare replied 2 years ago.
Hi
What have you actually been offered?
Clare
Customer: replied 2 years ago.
I have proposed: The matrimonial home and I flat equity £70k child support of £850 PM but no spousal and no pension share as clean break needed. And £20k cash to do renovations for son.
Expert:  Clare replied 2 years ago.
Hi
So you will receive assets worth roughly £600,000 and he will retain assets of £290,000 - essentially a 68/32 split in your favour - with your receiving an extra £155,000
The difference in your pensions is in fact relatively easy to deal with - either with a pension sharing order or with a relatively small lump sum - say £15,000
So the real question is whether or not £140,000 represents a reasonable sum in exchange for giving up your claim for spouse maintenance.
That is very hard to assess - I do not know the details of your future plans - nor how difficult it would be to pursue Spouse maintenance both of which would be relevant to the issue.
With regard to the child maintenance if no agreement can be made then it will be a matter of using the CMS and you can find the calculation here
http://www.nacsa.co.uk/index.php/cs3-outline/cs3-calculations
However on balance it is not an unreasonable settlement - although I would be tempted to push for a full 70% share
I hope that this is of assistance - please ask if you need further details
Clare

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