Hi, thank you for your question. Just a bit more information required to fully assist you:
-Who is now living in the property?
-How much is the property worth and how much mortgage is outstanding?
-How many bedrooms is the home?
-What other assets do you both have (both sole and joint), together with values?
-How much are your pensions each?
Thank you - and what is your husband's housing situation? Is he in rented accommodation now?
Thank you. I cannot take a phone call at the moment, but I will continue to assist you here.
Firstly, as you have a minor child in your care, and given your modest salary, it will be difficult to rehouse both of you in suitable accommodation. A court may therefore feel that it is appropriate for you to remain in the current accommodation until your child reaches a certain age (eg. finishes education) and for the property to then be sold.
In relation to the pensions, you both have a decent pot and given your young ages and substantial time to increase pensions to a decent level, a court may think that it is not appropriate to equalise the pensions.
In relation to spousal maintenance, if you are able to meet your reasonable needs from your income then a court will not agree to impose spousal maintenance. However, if you are able to demonstrate that you cannot meet your reasonable needs then you have grounds to pursue this, especially given the disparity in incomes.
As part of mediation you will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. However, given that you will unlikely be able to rehouse yourself - whereas he may be able to given his large salary, the split may be more in your favour. For your information when making a decision regarding these matters the criteria considers the following criteria:1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;3. The standard of living enjoyed by the family before the breakdown of the marriage;4. The age of each party to the marriage and the duration of the marriage;5. Any physical or mental disability of either of the parties to the marriage;6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you