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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33284
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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Hello,I am in the process of going through a divorce. I

Customer Question

Hello, I am in the process of going through a divorce. I have been married to my wife for 7 years and we have two children 6 and 3. I earn £50,000 pa and she hasnt worked since having children, and she was a former advertising exec earning approx £40K. She now also wants to home educate the children and doesnt plan on continuing to work. We have a house worth £585,000 which was bought outright. We have been mediating and the current deal on the table is as follow: 60/40 split in her favour of the house (approx £330k to her, £220 to me) Child maintenance payments of £330 per child per month Spousal maintenance payments of £600 per month for 4 years I also get to keep My small work pension of £6K, A trust fund worth £45K 1/2 field ownership worth £20K Ideally I would have liked to just go for 2/3 years spousal but I have been advised that it will cost me £20K min to go through court with no certainty of improving the deal. Could you advise me as to whether I am being ripped off and whether it would be worth going to court to get a fairer deal?

NB - I should also add that she has retained a car worth approx £8K whilst I retain a car worth £2K.

Submitted: 2 years ago.
Category: Family Law
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.
Where did the money from the house come from.
What is your gross and net monthly income?
Clare
Customer: replied 2 years ago.

Hi Clare,

The house was partly purchased by the sale of the previous house approx £318K (paid for whilst we were married but 100% funds came from my family) and funds loaned from my father to make up the difference. My father originally wanted these loans repaid but as it would put us in housing difficulties to rehome he has at this stage allowed us to default on the loans.

My gross monthly income is 4783

My net monthly income is 3286

Customer: replied 2 years ago.

Hi Clare,

I should say also we both have 4 ISAs with a combined value of 40K each.

When we seperated in Nov 2013 she moved into rented accomodation which I have been paying the rent for(£950pm) as well as the child maintenance (£660). The maintenance order she has suggested says I should continue to pay this until the sale of our marital home, but she has told me she has moved into a boat - with obvious lower overheads. We have a cash offer on our property so hopefully all will go through but potentially it may fall through and I would be left paying the higher amount until another sale comes through.(950 + 660 - rather than 600 + 660), so should i insist that the payments go to the lower amount now?

Thanks

Paul

Expert:  Clare replied 2 years ago.
Hi
What is happening with the ISA's?
Clare
Customer: replied 2 years ago.

The ISAs have been split 50:50 so she has 4 and I have 4 - and of equal values.

Expert:  Clare replied 2 years ago.
Hi
IF she was willing to do so how easy would it be for her to return to work?
Clare
Customer: replied 2 years ago.

Well I think part time work would easily be achievable. Her previous employment was as a advertising sales executive and I think good sales skills are always in demand. Equally I believe she has talked about child minding which would also allow her to home educate.

Expert:  Clare replied 2 years ago.
Hi
I have to say that this is not a bad deal.
Going to court to try and save £7,200 (1 year) or £14,400 (two years) is a gamble that is unlikely to be worthwhile.
The deal on the house is reasonable considering the age of the children and if the spouse maintenance is indeed limited to four years then frankly there is very little chance of your getting a better deal in court.
It may be that there is some reason why you believed that there was a good chance of success - so do please ask if you need further details
Clare

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