Ask a Family Law Question, Get an Answer ASAP!
Hello, my name is ***** ***** I’ll do my best to assist you today.
Please bear in mind as this is an email service and not live chat I may not respond immediately.
I'm reviewing your question and will revert back to you shortly.
OK - I have reviewed - how can I assist?
Thanks for your reply - it went into a new thread so I have closed that and posted here for continuity:
HelloI would appreciate some guidance as to how we need to consider splitting the finances. Whilst we don't wish to go straight into formal legalities we will need to split our finances and the only guidance we have regarding child maintenance is from the Gov.uk calculator. There are mixed reports from people as to how accurate it is and i would like us to be as accurate as we can in the interim, to help us all to get used to our new circumstances, respectively.Also, should we be looking at a 50/50 split of assets and debts or differently given that i earn a fair amount more than my husband?
Perhaps if you could set out the respective salaries/ assets/ pensions and the value of any property that you both own I can give you an indication of what would be appropriate in the circumstances?
OK, thank you for the clarification.
The starting point is a 50/50 split, as you correctly say.
The fact you earn more would be something that may mean you had to redress the balance, but given the fact that the children are remain gin in your care this negates that in my view.
The CMS guidelines are a starting point.
If you can remain in the family home and the sale of the other assets is enough to allow your husband to move on, then this arrangement should be seen as fair to both of you, in the circumstances.
This is the key - fairness. This is the benchmark that a judge will consider when looking at the arrangement you have made and deciding whether to uphold it in a court order.
Can I clarify anything?
The general rule is that pensions accrued during the marriage will be shared/ equalised to make sure both parties benefit equally - but this does nor apply to future payments once an order is made.
Can I assist you further with your question?
If you have further questions, you can always come back to me.
In the meantime, if you could take a second to provide a 5 star rating (top right of your screen) I'll be credited for my time spent responding to your question.
You would need a solicitor to draft the consent order for you in any event, so yes this is not a bad idea.
The link here allows you to search for a local family law specialist:
I hope this clarifies things?
If so, please take a second to rate my response with 5 stars as this will credit me for my time.
Thanks and do let me know if you have further questions, follow ups are part of the service, even if you have already taken the time to rate for me.