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Advice on fair settlement - Final Hearing next week

  • justice_will_prevail
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15 Mar 23 - 15 Mar 23 #520711 by justice_will_prevail
Topic started by justice_will_prevail
I would like advice from Wikivorce members as to what the likely outcome of a financial case in a divorce is going to be.H age 46W age 47

There are three Children of the marriage aged 22 years, aged 19 years and aged 15 years.My daughters reside at the family home and my son resides at university.Long-term marriage of some 21 years.

H gross annual income £41,195.04
W gross annual income £21,318

I currently pay maintenance of £5,611.44 per annum

H
matrimonial home £92,500.00
Jewellery £1,919
Pension £36,533.10
Flat equity £34,062.99
Total £165,015.09

Liabilities £69.066.32

W
Matrimonial Home £92,500
Jewellery £12,780
Car £3,000
Pension £62,964.72
Total £171,245

Liabilities £0

I solely own a lease hold one bedroom flat which has an agreed value of £80,000. Purchased post separation using a loan from my brother for £14,000 for the deposit. There is an outstanding mortgage of £45,937.01

H maximum mortgage raising capacity – 0 due to CCJ
W maximum mortgage raising capacity - £60,260

I have my Final Hearing next week and seeing what people may advise me on "What is fair".
Last edit: 15 Mar 23 by justice_will_prevail. Reason: layout

  • hadenoughnow
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18 Mar 23 #520720 by hadenoughnow
Reply from hadenoughnow
What did the judge at FDR think was reasonable? That's usually a pretty good guide.

The first consideration is going to be needs - especially if minor children are involved. If she has no mortgage capacity the cost to buy a suitable sized property mortgage free may well be an important consideration. Or if she can afford to run the FMH it may be appropriate for her to stay there until the children are independent.

As with pretty much everything in family law and financial matters, the answer is 'it depends'.

Hadenoughnow

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