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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35214
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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I got divorced 6 months ago and in agreeing a financial

Customer Question

Hi I got divorced 6 months ago and in agreeing a financial settlement t have offered my ex wife 60% of the equity of the house we shared as well as 33% of my pension but she is unhappy. Is this unreasonable?
Assistant: Where are you located? It matters because laws vary by location.
Customer: England uk
Assistant: Has anything been filed or reported?
Customer: we have both declared our finamces
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: No thanks
Submitted: 4 months ago.
Category: Family Law
Customer: replied 4 months ago.
163;65000 equity in the house, I earn £54000 and ex wife £10000
Customer: replied 4 months ago.
Son aged 12 who is shared between us however I receive the child benefit and classed as the main carer.
Expert:  Clare replied 4 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How long have you lived together and how long have you been paying into the pension.

Why have you opted to pay tax on the child benefit?

Customer: replied 4 months ago.
Hi we lived together for a total of 12 years and paying into a pension for approx 10 years. Didn’t think I had an option but to pay tax on the CB.
Expert:  Clare replied 4 months ago.

Why have you offered only 33% of your pension when she is entitled to 50%

Would it not be better to let her have the Child Benefit?

Customer: replied 4 months ago.
I thought that it was a start to the process considering the 60% equity. Receiving the CB was to protect myself against child maintenance which I was paying for my now 19 year old daughter.
Expert:  Clare replied 4 months ago.

Given that she is entitled to spouse maintenance the 60/40 split of the equity is barely adaquate to discharge that liability (in fact it is not adaquate but it may be accepted) but it certainly does not cover a reduction in her pension claim.

With regard to the Child Benefit is you have a written agreement confirming how the child's time is shared between you then it would be sensible to let your ex have the benefit - you would still be protected in respect of child maintenance.

Your opening offer needs to be increased - the Child Benefit may be a help in that.

I hope that this is of assistance - please ask if you need further details