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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 572
Experience:  LLB (Hons)
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Is there a recognised formula to calculate divorce

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Is there a recognised formula to calculate divorce settlements and child support and parental access?
Assistant: What steps have been taken? Have any papers been filed in family court?
Customer: Nothing to date
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 they live in?
Customer: Somerset
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: I don’t know!

Hi, I'm Lea

What is it that you are trying to work out as you are combining three separate issues.

Customer: replied 8 days ago.
My wife and I are separating. We have two young children. Our house has 300k in it and we have 70k in savings. I earn 65k she earns 95k. I’m trying to understand what would be a normal settlement, what I would be expecting to pay monthly and how much access to our children could I expect?

How many children do you have and how often per week will they stay overnight with you?

Customer: replied 8 days ago.
Just our two. Both are under 3. That’s one of my questions - I’d like to know if there is a ‘normal’ amount of access the father would be granted. I would happily have them as much as possible but I imagine the norm is for them to stay with her? If there is no straight answer then let’s say 2 days a week.

There is no 'normal' when it comes to families as different things suit different children at different stages of their lives. If you are actively involved in their care now, then you have a strong argument for shared care (50/50), but if you are less active, you may prefer to have every other weekend and a day or two in the alternate week (e.g. after nursery for example). Only you know your situation best - these things are often better sorted out in mediation than in court - but if agreement cannot be reached, then court is an option.

If you had your children for 1-2 nights a week, then on your expressed salary, you would be expected to pay approximately £155 per week. This is the legal minimum calculation provided by the Child Maintenance Service (CMS), you are perfectly entitled to pay more if you wish, as clearly childcare and daily living of children will easily exceed £155 per week, but the CMS will only calculate the bare legal minimum.

In relation to the family finances and a settlement - the court starts with a 50/50 split for a medium to long term marriage, or where there are children involved. They then adjust according to the relevant law, which is s25 of the Matrimonial Causes Act 1973. This includes each parties needs, their earning ability, and the children's needs, amongst other things. If the children are with you on a 50/50 basis, the court will try to see if it is possible for both of you to be housed adequately from the family assets.

Does that assist? If anything is not clear, please do ask.

Customer: replied 8 days ago.
Thanks Lea yes it does. I was planning to ask for as much access as possible, offer 1500 per month and ask for 125k payable over some time to allow her to remortgage and keep our house. From what you are saying that sounds like I am being fair so should stand a good chance.

That sounds very fair.

And yes, ask for as much time as possible with the little ones as you can manage - they're not little for long!

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SASH_Law and 6 other Law Specialists are ready to help you

Thank you.

All the best.

If you have any future questions, please feel free to mark them for my attention.

Customer: replied 8 days ago.
Thanks - I’m sure i’ll Be in touch.