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SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 1174
Experience:  LLB (Hons)
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I need advice on a financial agreement Assistant: What steps

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I need advice on a financial agreement
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: No, we are trying to agree the finances ourselves before we get a solicitor to put it into a consent order. We had agreed something (which I had seen a solicitor who said it looked fair) but now husband has now changed it.
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Southampton court. We have already got the Nisi.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No

Hi, I'm Lea

What is your query about this?

Customer: replied 4 months ago.
We had agreed finances and I saw a solicitor who said that should be ok to put into a consent order. However husband wants to change what we had agreed. I now don’t think it’s fair. So shall I give you a summary of finances and can you then tell me what a fair deal would be?

Yes, that might make sense.

Customer: replied 4 months ago.
Customer: replied 4 months ago.
Joint ownership, joint mortgage, house value £575,000.00. Outstanding mortgage £200,368.00.
Husband agrees to keep his name on mortgage.
My pension value is £198,000.00. Husbands is £100,000.00.
We had agreed to not touch either of our pensions.
I have Leukaemia and Lymphoma, so I cant work full time and so can’t get a mortgage in my own name.
The pension value of someone with ill health is less anyway
I earn £1,000 a month salary (only on a year’s contract). Obviously I dont know how long I’ll be able to work for.
Husband has his own company (£1087.00 value), a motorbike (£4,500.00) and a new car (I don’t know value). His salary is £700.00 a month but he takes dividends.
We have two children (13 and 17) both in full time education.
I don’t have any assets, not even a car.
Children live with me full time.
I get £800.00 month in tax credits/child benefit. This money pays the house bills and mortgage.
Husband pays my £250 a month child maintenance.
We’ve had house on market but not sold, and there wouldn’t be enough left over for both of us to rehouse, after paying mortgage off. Husband rents a flat (about £600 a month).

Which part has he changed his mind about?

Customer: replied 4 months ago.
We had agreed to sell house, pay mortgage off and small credit card bill. And split what was left 75% me and 25% him. And he’d Pay £250 month spousal and £250 month child maintenance. I started this job in June, so I said obviously forget the spousal payments. But he now wants 30% of house.
I want to stay in the house as even with my 75% I can’t rehouse mortgage free.

If you decided to go to court over this matter, it is likely that the court may decide to make a Mesher Order, whereby you would be able to remain in the property until your youngest is 18 years old. The court would decide who pays what in relation to the house in the interim and set a percentage split for each party at the time the property is sold.

You could use this as leverage to get your husband to agree to the previous agreement - 25/75 - and say that if he wants 30/70 then he'll have to wait 5 years until the youngest is 18. However, it sounds as though you do want to stay in the house, so a Mesher Order would probably suit you better than the current deal on the table.

Please accept and rate positively. You will be able to ask follow on questions after you have rated.

Customer: replied 4 months ago.
I realise this. But I would like you to please tell me what a fair % split would be. And I don’t want to sell the house at all. I want the house signed over to me

I would need to review the Form Es and evidence before being able to tell you what a fair split would be.

On the basis of the information you have provided, the 25/75 split seems fair. You said he wants 30/70, but now you want the house signed over to you. It is entirely possible that the court will permit you to stay in the house until the children are 18, but based on the information provided, I cannot state that equivocally.

Please rate - you can ask follow on questions after you have rated.

Customer: replied 4 months ago.
you don’t think I’d be able to get a bigger share %? Especially due to my illness and uncertain future?

You might get a bigger share...but as I said, I have not seen all the financial disclosure.

Kindly rate using the five stars at the top of the page.

Could you please rate so that I am paid for the time spent responding to your query.


Customer: replied 4 months ago.
Can you not advise further, as I have given you all the financial details?

I said above that someone would need to review all financial disclosure before saying more than I have here. What you have provided is the bare bones and I have advised you as best anyone could in an online forum.

The average charge for reviewing the financial disclosure and evidence would be a minimum of £1500+VAT as it takes hours of work - so you can see that you will simply not get anywhere near the same level of advice in an online Q&A as you would in person.

Kindly rate as I have spent a considerable amount of time responding to you and will not be paid for my time without the positive rating.

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